Locus standi to appeal against enactments of local law – the Air Quality Protection Scheme SK 23/17
Ref. No. SK 23/17
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 1 July 2021
The Constitutional Tribunal, composed of:
Bartłomiej Sochański – Presiding Judge
Krystyna Pawłowicz
Jakub Stelina – Judge Rapporteur
Wojciech Sych
Michał Warciński,
having considered, at a sitting in camera on 1 July 2021 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393) – Ms J.S.-W.’s constitutional complaint, lodged with the Tribunal for it to consider the conformity of:
Article 90(1) of the Act of 5 June 1998 on the Self-Government of Voivodeships (Journal of Laws – Dz. U. of 2016 item 486, as amended) – construed in the way that the locus standi to appeal against the Air Quality Protection Scheme, which is an enactment of local law, depends on proving that a particular provision of that enactment infringes the complainant’s legal interest in a direct, objective and actual way – with Article 45(1) and Article 77(2) of the Constitution,
adjudicates as follows:
Article 90(1) of the Act of 5 June 1998 on the Self-Government of Voivodeships (Journal of Laws – Dz. U. of 2020 item 1668 as well as of 2021 item 1038) – construed in the way that the locus standi to appeal against the Air Quality Protection Scheme, which is an enactment of local law, depends on proving that a particular provision of that enactment infringes the complainant’s legal interest in a direct, objective and actual way – is consistent with Article 45(1) and Article 77(2) of the Constitution of the Republic of Poland.
The ruling was adopted by a majority vote.
Bartłomiej Sochański
Krystyna Pawłowicz (votum separatum)
Jakub Stelina
Wojciech Sych
Michał Warciński (votum separatum)