On 11 April 2012 the Supreme Administrative Court (“SAC”) rendered a judgement consolidating the rules governing participation of environmental organizations in administrative proceedings (Case File No. II OSK 122/11).
An environmental organization, i.e. a voluntary association whose objects comprise broadly defined environment and nature protection as well as pro-environmental activities, may notify its desire to take part in administrative proceedings that by law require public participation. The right is laid down under the Act on Providing Information on Environment and Environment Protection, Public Participation in Environment Protection and Environmental Impact Assessment of 3 October 2008 (Journal of Laws of 2008, No. 199, item 1227, as subsequently amended “Environment Protection Act”). The provisions of Article 44 and 45 of the Environment Protection Act detail the situations in which of an environmental organization is allowed to participate in the proceedings in the capacity of a party. Such involvement is conditional upon establishing that public participation in the proceedings is required under the Environment Protection Act. The list of proceedings referred to above includes inter alia proceedings for the assessment of environmental impact of a proposed project (Article 3(1)(8)(c)).
As regards other categories of environment protection cases, environmental organizations participate in the proceedings under provisions of general application (in the same manner as other voluntary associations), i.e. are required to demonstrate that two conditions have been collectively met: existence of a substantive connection (in the legal sense, and not only in the sense of a factual link between the subject of the administrative proceedings and the objects and scope of the organization’s operations) and the presence of public interest in accession of the organization to the relevant proceedings. The determination that the arguments presented sufficiently demonstrate the existence of public interest under the specific circumstances of the case at issue is in the sole discretion of the public administration body. A motion for admission of an organization to participate in the proceedings must be supported by specific arguments (evidence), providing general information only being insufficient.
In the case ruled on by SAC, the proceedings in which the environmental organization sought to participate concerned determination of the location for a public (investment) project. Since no environmental impact assessment had been carried out for the project in question, the Environment Protection Act did not apply. Consequently, participation in the proceedings for a ruling to be rendered under other regulations than the Environment Protection Act requested by the environmental organization was governed under the provisions of general application laid down under the Code of Administrative Procedure. SAC held that a voluntary association that requests accession to such proceedings arguing that its participation is supported by public interest is required to submit detailed arguments in that regard. Since the Environment Protection Act ensures adequate participation of the public in the investment process, in the opinion of SAC, participation of such voluntary organization in proceedings other than those governed under the Environment Protection Act should be considered in exceptional circumstances only.
Further, SAC reminded that participation of a voluntary organization in the administrative proceedings in the capacity of a party cannot serve the specific interests of the organization itself but it is required to satisfy the requirements of reasonable social control over administrative proceedings in individual cases. Thus, a voluntary organization requesting admission to proceedings must establish as probable that its participation will help the administrative proceedings to fulfill their purposes better.