The Supreme Administrative Court of Poland suspended the canalization works on the Odra river

CCB • March 14, 2023

Is the State Water Holding Polish Waters above the law?

Abstract:
● There is evidence that despite the verdict of the Supreme Administrative Court of Poland (NSA), Wody Polskie and their subcontractors are continuing regulatory work on the Oder.
[Watch the video available below]
● The verdict of the NSA is a great success for the natural diversity of the Oder landscape, as well as for the people living along the river.
● The decision of the NSA is a victory for Polish and German NGOs (Naturalists Club, Eko-Unia Association, SOT, N., Deutscher Naturschutzring, BUND, NABU), demanding that the works be stopped as harmful to the ecosystem of the river, which is particularly weakened after the ecological disaster that hit the Oder in July and August 2022.

A brief history of lawlessness


The NSA's order of the 7th of March this year leaves no doubt. Wody Polskie should stop the regulatory works on the Oder. The justification states, among other things: "However, in the light of the case at hand, the Supreme Administrative Court considered that the suspension of the execution of the environmental decision, in the case of the ongoing implementation of this project, implies a real obligation to suspend the works in progress as part of its implementation. In the opinion of the Supreme Administrative Court, the adoption of a different position would not only be contrary to the principles of environmental law, but would also mean depriving the parties of their right to a court, which, having regard to the principle of a democratic state of law, cannot constitute a façade institution."


Thus, the NSA dismissed the complaint of the State Water Holding Company Wody Polskie (PGW WP) against the decision of the Voivodship Administrative Court (WSA) on 9 December 2022, which had already ordered the suspension of the works.


"This is a success, but this is what normality should look like, given the law" comments Ewa Leś, an expert for Governance for Transboundary Freshwater Security from the Save the Rivers Coalition and Coalition Clean Baltic, - "Let's remember that the Oder is a transboundary river of three countries that should work on its best condition, not devastation. There is also a need for coordinated efforts between HELCOM [1] and the International Commission for the Protection of the Oder River against Pollution [2] in the future, especially considering the source-to-sea approach and the role of healthy rivers in achieving good environmental status in the Baltic Sea" she continues.


Here it is worth mentioning that the WSA's decision in December to stop the works should have been enforced when it was issued. In spite of this, Wody Polskie continued to regulate, citing the final Permits for the Realisation of the Investment. At the same time, WP filed a complaint and decided to wait for the settlement of the NSA. This ruling has just been announced. The NSA upheld the decision of the lower instance, which means an immediate injunction to stop the works. Despite this, the materials attached to this information clearly show that Wody Polskie is breaking the law and disregarding the verdict of the NSA, which is no longer subject to appeal. This is outrageous, especially in the context of what the Oder River went through in August 2022 and in view of the still high salinity levels in the river and the presence of 'golden algae' in it.

Credit: Jacek Engel, Greenmind Foundation

"The works must be stopped immediately. Especially after the ecological catastrophe on the Oder in 2022, more attention must be paid to the transboundary effects of construction activities on protected species and habitats. The ecological processes and resilience of the river must be prioritised" - says Krzysztof Smolnicki, from the Coalition "Time for the Oder" and the Foundation for Eco-development.


Radosław Gawlik, from the Eko-Unia Association (Poland), is not optimistic: "It is likely that the current Polish government and water administration will disregard the decisions to stop the works to channel the Border Odra. The prosecutor's office subordinated to the government will not do anything in this case either. There will be a chance for a decision of the European Court of Justice. This worked for the Polish government in the case of deforestation in the Białowieża Forest and the Czech government's complaint about the environmental impact of the Turów open pit."


***


NOTES

The Save the Rivers Coalition and the Coalition "Time for the Oder" are monitoring this issue and are available for any information and materials.

The above Press note comes from Save the Rivers and Coalition "Time for Oder", written by Rafał Rykowski.


[1] The Baltic Marine Environment Protection Commission – also known as the Helsinki Commission (HELCOM) – is an intergovernmental organization (IGO) and a regional sea convention in the Baltic Sea area. More info here.

[2] ICPO - International Commission for the Protection of the Oder River against Pollution is one of thirteen international commissions for the protection of rivers, lakes and seas whose catchment areas lie within the territory of more than one country. More info here.

CCB is looking for a Network Officer to join our team at the CCB International Secretariat

By CCB • April 9, 2025
Coalition Clean Baltic – CCB is a politically independent network, uniting 27 environmental non-profit organizations, as well as partners and experts from 11 countries surrounding the Baltic Sea. The main goal of CCB is to promote the protection and improvement of the environment and natural resources of the Baltic Sea region by encouraging new and constructive approaches and engaging people to become part of the solution instead of part of the problem. CCB Secretariat is based in Uppsala, Sweden.

Attacks on NGOs: 570+ Organisations Join Forces to Defend Civil Society

By CCB • April 7, 2025
European civil society organisations (CSOs) are currently facing an attack coming from certain Members of the European Parliament. Spearheaded by some MEPs from the European People’s Party (EPP) and by far-right groups, this attack resorts to misleading arguments to fabricate a scandal. This portrayal has been amplified through the media, with notable exceptions of articles that attempted to clarify this misleading narrative. European CSOs are crucial to ensure the voices of citizens from different parts of Europe are heard in the EU institutions. Attacks against civil society are unfortunately not new and are exacerbated by this harmful idea. Furthermore, for-profit corporate lobbying is through the roof when compared to non-profit advocacy. In 2024, the 50 corporations with the largest lobbying budgets collectively spent nearly €200 million on lobbying the EU alone (66% more than in 2015). Comparing this to the funding environmental NGOs receive under the LIFE programme - €15.6 million annually of a €700 million yearly budget - truly shows the weakness of this ‘scandal’. This is why over 570 civil society organisations from 40 countries, including all EU Member States, have joined forces to call on those in power to act now and ensure that civil society is adequately funded and enabled to share our crucial perspectives . In this statement, we address: The source of this false narrative; Inaccurate claims made about how CSOs obtain and use funding; Why it’s paramount that CSOs receive sufficient funding; The need for civil dialogue to enable CSOs participation. Democracy is about the right of citizens to be collectively heard for building an inclusive society and a shared European future; properly funded independent CSOs are a crucial tool for that. We call on decision-makers to ensure civil society organisations can thrive and play their role in interacting with policy-makers in order to have a more fully informed decision-making process. Read the full statement here . -END Civil Society Europe (CSE) is the coordination of civil society organisations at EU level. Through its membership, CSE unites EU-level membership-based organisations that reach out to millions of people active in or supported by not-for-profits and civil society organisations across the EU. CSE was created by several civil society organisations as a follow-up to the European Year of Citizens and was established as an international not-for-profit under Belgian law in 2016. Since then, it has become the point of reference for EU institutions on transversal issues concerning civil dialogue and civic space.