Holding Central Public Authorities Accountable for Air Pollution in Poland

Abstract

In view of growing public awareness of the health consequences of exposure to smog, revisions of EU directives regulating air quality management, and granting EU citizens the right of access to justice in matters concerning air quality, the aim of this article is to examine whether the central public authorities in Poland have so far been held to account for substandard air quality. The article focuses on a review of the results of audits conducted by the Supreme Audit Office on various aspects of public authorities’ activities in the area of air protection policy and an analysis of the first smog lawsuit in Poland. Answers to the research questions: (1) how have Polish citizens held public authorities to account for their obligation to protect air quality? and (2) what results have Polish citizens had in court cases concerning breathing in air that did not comply with legally permitted standards? lead to the conclusion that citizens do seek compensation (and even damages) from the State Treasury over the violation of their personal rights (especially the right to health) as a result of exposure to excessive concentrations of air pollutants which is a consequence of unlawful neglect by public authorities. An attempt to answer the research questions was made using the method of legal analysis.