Scientific Knowledge in Environmental Litigation before Polish Administrative Courts: a Problem of Compliance with EU Law?

摘要

In Poland, environmental cases are heard by administrative appeal authorities and then by administrative courts. According to Polish law, the administrative courts cannot call experts; neither do they have access to other forms of assistance in technical aspects of cases. As the judges themselves do not have sufficient scientific knowledge, they do not examine technical aspects and rely on the assessment made by administrative authorities. The self-governmental appeal authorities, although entitled to call technical experts, rarely do so, despite not having sufficient scientific knowledge either. This practice may cause non-compliance with the Aarhus Convention and the respective implementing EU Directives due to very limited access to or very limited use of scientific expertise by courts and appeal authorities.