The Supreme Administrative Court ruled that the judges of the Provincial Administrative Court did not take into account the public interest, i.e. the interest of Turów for thousands of workers and millions of electricity consumers, wrote the former head of the Polish government, and currently a PiS member of the European Parliament. , Beata Szydlo on Twitter.
The Supreme Administrative Court has upheld the National Prosecutor’s appeal against the decision of the Warsaw Administrative Court to halt coal mining in Turów. Most importantly, the Supreme Administrative Court declared that the judges of the Provincial Administrative Court did not take into account the public interest – i.e. the interest of Turów for thousands of employees and millions of electricity consumers
– emphasized Szydło in the entry.
She noted that the Supreme Administrative Court had stated a “clear fact” and expressed concern that this was not clear to some judges sooner. She added that Polish judges should always be guided by the well-being of Polish citizens when making decisions.
Poland’s security, including energy security, is of paramount importance. The United Right government is always looking after them and will look after them
she stressed.
Revocation by the Supreme Administrative Court of the decision of the Provincial Administrative Court on Turów
The Supreme Administrative Court reversed the decision of the Warsaw Administrative Court to suspend the implementation of the environmental decision in Turów, Supreme Administrative Court spokesman Judge Sylwester Marciniak told PAP. The Supreme Administrative Court accepted the complaints of GDOŚ, PGE GiEK and the National Prosecutor’s Office.
These are complaints against the decisions of the Provincial Administrative Court in Warsaw of 31 May this year. At that time, pending the examination of the complaint in question, the court suspended the implementation of the environmental decree regarding the coal mining concession for the mine in Turów after 2026.
As Judge Marciniak told PAP on Tuesday, the grounds of the decision of the Supreme Administrative Court indicated that the Court of First Instance, when considering applications, should take into account the consequences of implementing the decision, not only in the context of the complainant’s case. situation, but also takes into account the generally understood public interest and the interests of other litigants.
In this case, the Voivodeship Court has not made such an assessment of the requests and arguments of the investor and the authority
said the NSA spokesman.
The court stressed that there is no doubt that energy security is a constitutional value as it is one of the guarantees of the independence of the state and the security of its citizens
said an NSA spokesman.
As he added, “in this case, the course of the investment process precluded the possibility of effectively suspending the implementation of the decision on environmental conditions, which has been omitted by the court of first instance.”
The case concerns the decision of the Directorate General of Environmental Protection of September 30, 2022 specifying the environmental conditions for the implementation of the project: “Continuation of the exploitation of the Turów lignite deposit, implemented in the municipality of Bogatynia”. Complaints against the environmental decree were submitted by Frank Bold Foundation, Greenpeace and EKO-UNIA Ecological Association, among others.
In the opinion of the court, there were reasons to suspend the implementation of the contested decision because of the possibility of irreversible damage to the environment
– informed the WSA at the beginning of June. The WSA spokeswoman also stated at the time that the decision taken by the WSA on May 31 this year does not suspend the operation of the Turów mine.
In the meantime, the Provincial Administrative Court has announced in the second half of June that the factual complaint against the environmental decision – in connection with which a decision to suspend the implementation of this decision has been taken – will be heard by this court on 31 August. year.
tkwl/PAP/Twitter
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Source: wPolityce

Emma Matthew is a political analyst for “Social Bites”. With a keen understanding of the inner workings of government and a passion for politics, she provides insightful and informative coverage of the latest political developments.