Climate and Environment Minister Mikołaj Dorożała has outlined a controversial proposal granting non-governmental organizations (NGOs) unprecedented influence over the country’s forestry plans. This move revisits a previously debated concept, which had been rejected by the Senate in its last session and deemed unlawful by legal experts and the Ombudsman.
Poland’s forests, predominantly managed by 430 forestry districts, follow a meticulous and expensive process known as the Forest Management Plan (FMP), which details all planned activities over a ten-year period. This process, which often spans more than three years, is crucial for the sustainable management of the nation’s forests.
Under the new draft legislation, NGOs will be uniquely empowered to challenge these plans in administrative courts—a capability they have long sought. The NGOs’ push for this right gained traction after the European Court of Justice upheld their arguments in a February 2023 ruling, prompting a reevaluation of their role in forest management. Previously, the governing Law and Justice Party (PiS) had stalled on implementing such changes, but the current administration appears committed to establishing what it calls “social oversight” of forests.
Despite concerns that this could lead to a paralysis of forest management, Dorożała assures that safeguards will be in place to prevent such outcomes. “We cannot allow a situation where dozens of incidents halt the operations of an entire forestry district,” Dorożała stated, highlighting that the consultation phase would consider various opinions and require NGOs to demonstrate a minimum of one year of activity to file a complaint.
This legislative effort is not without its critics. In 2022, similar proposals were criticized by the Ombudsman, Marcin Wiącek, who argued that they did not comply with EU recommendations and unfairly favored NGOs over individual citizens. According to the Aarhus Convention, individuals affected by or interested in environmental decisions should also have the right to appeal, a provision absent in the current draft.
The proposed legislation is expected to be finalized by the Ministry of Climate and Environment by August, with hopes for its adoption by year’s end. Critics, however, remain skeptical, viewing the move as potentially sidelining citizens in favor of both domestic and international NGOs, such as Greenpeace Poland, the Polish Society for All Beings, and the Czech Foundation Frank Bold.