The decision of the European Commission to mention Poland to the TEU was taken on Wednesday 18 June. The first suit concerns access to justice in environmental matters. The European Commission accuses Poland that it has not provided citizens, environmental organisations and another entities with effective access to national courts in cases concerning the breach of contamination standards.
The reservations besides cover the deficiency or insufficient quality of corrective plans which, in accordance with the Directive, should be drawn up by associate States in the event of a breach of EU standards.
The European Commission has brought Poland to the TEU
"If the limit values for air contamination laid down in Union law are exceeded, the Directive requires associate States to adopt air protection plans and to establish appropriate measures to reduce the time of exceedance as much as possible", as indicated in the Communication.
"At the same time, according to the Aarhus Convention and the EU treaties, individual citizens and environmental NGOs must be able to challenge decisions of the authorities or their absence if they consider that the action taken is insufficient. Furthermore, adequate access to justice facilitates the correct application of air quality rules, ensuring a advanced level of wellness protection", added.
It was besides stressed that the EC sent Poland a letter of formal announcement in May 2020, followed by a reasoned opinion in September 2022.
The second point addressed to the EUSEU concerns the deficiency of "transposition of the Drinking Water Directive". "The recast Directive contributes to greater protection of human health, as it updates water quality standards, counteracts harmful substances" – indicated.
Member States were required to transpose the Directive into national law and comply with it by 12 January 2023. In March 2023 the Commission sent a letter of formal announcement to Poland. The EC stressed that the actions of the Polish authorities so far are insufficient and so refers Poland to the TEU with a proposal to impose financial sanctions.
A 3rd suit – this time against Poland and Sweden – was filed due to non-compliance with the "framework decision on the European arrest warrant and surrender procedures between associate States".
The first letter of formal announcement was sent to Poland in December 2020. The EC concluded that part of the charges were inactive valid and in July 2023 sent an additional call to Poland. Last April, a reasoned opinion was sent to Poland.
