On Wednesday 18 June, after several warnings had gone unheeded, the European Commission announced that it had referred Poland to the Court of Justice of the European Union, accusing it of failing to guarantee citizens and environmental NGOs the right to challenge the authorities’ inaction on air pollution.
The Directive on ambient air quality and cleaner air for Europe requires Member States to put in place air quality plans as soon as pollution thresholds are exceeded, with concrete measures to reduce these levels as quickly as possible in order to protect public health and the environment.
However, according to the Commission, Poland would not allow effective recourse against the absence or inadequacy of these plans, contrary to the obligations arising from the Ambient Air Quality Directive, the EU Treaties and the Aarhus Convention.
As a result, the citizens and organisations concerned are deprived of a fundamental right of access to environmental justice. (Original version in French by Nithya Paquiry)