This country is a member of the European Union, so data from the NDC submitted by the EU on behalf of its members is being displayed. For further information about the EU's NDC, legislation, and targets, please see the EU profile.

Law on power market ( 2017 )

  The present law was signed by the Polish President in December 2017. The law aims at enhancing the security of electricity supply and new energy capacity sources, especially renewables. The law introduces a market-wide capacity mechanism. Generation and demand-response capacity providers will be able to receive remuneration for their availability to generate electricity or to reduce…read more

Act on investments in the field of wind power (Dz.U. 2016 pos. 961) ( 2016 )

The Act introduces changes to the real estate tax regime for wind power plants.…read more

Act on Renewable Energy Sources (“RES Act”, Dz.U. 2015 poz. 478) ( 2015 )

This Act defines the new regime for support to renewable energy sources (including wind energy, energy radiation of the sun, solar, aerothermal, geothermal, hydrothermal energy, hydropower, waves, currents error and tidal energy obtained from biomass, biogas, agricultural biogas and bioliquid – art. 2.22), aiming to stabilise the long-term support system, with the goal to prevent…read more

Energy Efficiency Law ( 2011 )

This Act transposes Directive 2006/32/EC into Polish law, establishing the legal framework for stimulating investment in energy efficiency in Poland. The system is based on the obligation of the specified entities to obtain and present for cancellation to the President of the Energy Regulatory Authority specified number of certificates of energy efficiency (the so called…read more

Act on the System to Manage the Emissions of Greenhouse Gases and Other Substances ( 2009 )

This Act introduces the legal basis for the management of national GHG emissions and other substances in order to fulfill Poland’s obligations towards the EU and the UNFCCC. It allows pollution to be cut in the cheapest possible way and it introduces into Polish law the three mechanisms under the Kyoto Protocol: Emissions Trading, the…read more

Regulation of the Council of Ministers on types of programmes and projects to be implemented under the National Green Investment Scheme (GIS) ( 2009 )

This implements the Article 22(3) of the Act on the System to Manage the Emissions of GHGs and Other Substances of 17 July 2009. The regulation stipulates the types of programmes and projects to be implemented in the areas referred to in Article 22(2) of the Act on the system to manage the emissions of…read more

Act on Biocomponents and Liquid Biofuels (Dz.U. 2006 nr 169 poz. 1199) ( 2006 )

This Act (last amended in January 2015) establishes that the producers, importers and suppliers of fuels are obliged to meet an annual quota of biofuels in the total amount of liquid fuels produced, supplied and imported. The obligation levels are determined every three years for a period of six years by the Council of Ministers.…read more

Energy Law (Dz.U. 1997 nr 54 poz. 348) ( 1997 )

This law (with later amendments, lastly in September 2015) defines the principles of state energy policy, conditions for the supply and use of fuels and energy, and the framework for activities of energy companies. It also specifies the authorities responsible for the management of fuels and energy. Among others, it established the basis for  independent…read more

This country is a member of the European Union, so data from the NDC submitted by the EU on behalf of its members is being displayed. For further information about the EU's NDC, legislation, and targets, please see the EU profile.

Strategy for Energy Security and Environment (ESE) ( 2014 )

The 2014 Strategy for Energy Security and Environment (ESE) identifies key reforms and necessary steps for cleaner energy and to safeguard the security of energy supply up to 2020. The key objectives of the strategy include sustainable management of the environment through measures like water management, preservation of biodiversity and effective management of mineral resources.…read more

Polish National Strategy for Adaptation to climate Change (SAP 2020) ( 2013 / Adaptation Framework )

The SAP 2020 foresees mainstreaming the adaptation programme into sectoral policies, primarily those related to agriculture and forestry, biodiversity, ecosystems and water resources, coastal zones, infrastructure and, subsequently, the preparation of a draft programme for their implementation. The Strategy presents an analysis of current climate change and the development of future change scenarios for Poland…read more

Energy Policy of Poland until 2030 (EPP 2030) ( 2009 )

The EPP 2030 was issued by the Ministry of Economy and focuses on improving energy security, efficiency and competitiveness. It implies a small reduction in overall GHG emissions by 2020, and a 4% increase between 2020 and 2030. The document presents a sectoral strategy aiming to address the key challenges that the Polish power industry…read more

This country is a member of the EU and so EU NDC data is being displayed.

Economy-wide

NDC Laws and National Policies

The European Union and its 28 Member States submitted a joint NDC: at least 40% domestic reduction in GHG emissions by 2030 compared to 1990.

Economy Wide | Base Year Target | Target year: 2030 | Base year: 1990

Source: NDC

Reductions in the ETS and non-ETS sectors amounting to 43% and 30% by 2030 compared to 2005 by 2030 against a 2005 baseline (collective EU target)

Economy Wide | Fixed Level Target | Target year: 2030 | Base year: 2005 | Source(s): 2030 frame... (2014 / Executive)

At least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990 by 2030 against a 1990 baseline

Economy Wide | Fixed Level Target | Target year: 2030 | Base year: 1990 | Source(s): 2030 frame... (2014 / Executive)

Reducing by 2050 GHG emissions by 80–95 % by 2050 against a 1990 baseline

Economy Wide | Trajectory Target | Target year: 2050 | Base year: 1990 | Source(s): Decision N... (2013 / Legislative)

Maximum quantity of hydrofluorocarbons to be placed on the market and corresponding quotas by 2015, 2030

Economy Wide | Fixed Level Target | Target year: 2030 | Base year: 2015 | Source(s): Fluorinate... (2014 / Legislative)

In 2020, the target is for the emissions from the ETS sectors to be 21% lower than in 2005

Economy Wide | Trajectory Target | Target year: 2020 | Base year: 2009 | Source(s): 2020 Clima... (2009 / Legislative)

Reduction of EU GHG emissions by at least 30% below 1990 levels by 2020

Economy Wide | Fixed Level Target | Target year: 2020 | Base year: 1990 | Source(s): 2020 Clima... (2009 / Legislative)

6% cut in CO2e emissions by 2012 against a 1998 baseline

Economy Wide | Base Year Target | Target year: 2012 | Base year: 1988 | Source(s): Strategy f... (2014 / Executive)

Economy Wide | Base Year Target | Source(s):

Energy

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.

20% of EU energy consumption to come from renewable resources by 2020

Renewable Energy | Fixed Level Target | Target year: 2020 | Base year: 2009 | Source(s): 2020 Clima... (2009 / Legislative)

An EU target of at least 27% is set for the share of renewable energy consumed in the EU by 2030

Renewable Energy | Fixed Level Target | Target year: 2030 | Base year: 2014 | Source(s): 2030 frame... (2014 / Executive)

An indicative target at the EU level of at least 27% is set for improving energy efficiency in 2030 compared to projections of future energy consumption based on the current criteria by 2030 against a 2014 baseline

Energy Efficiency | Base Year Target | Target year: 2030 | Base year: 2014 | Source(s): 2030 frame... (2014 / Executive)

On 30 November 2016 the Commission proposed an update to the Energy Efficiency Directive, including a new 30% energy efficiency target for 2030 by 2030 against a 1990 baseline

Energy Efficiency | Base Year Target | Target year: 2030 | Base year: 1990 | Source(s): 2020 Clima... (2009 / Legislative)

Energy distributors or retail energy sales companies have to achieve 1.5% energy savings per year through the implementation of energy efficiency measures by 2020 against a 2009 baseline

Energy Efficiency | Base Year Target | Target year: 2020 | Base year: 2009 | Source(s): 2020 Clima... (2009 / Legislative)

20% reduction in primary energy use compared with projected levels, by improving energy efficiency by 2020 against a 2009 baseline

Energy Efficiency | Base Year Target | Target year: 2020 | Base year: 2009 | Source(s): 2020 Clima... (2009 / Legislative)

Obligated energy distributors and/or retail energy sales companies achieve a cumulative end-use energy savings target by 31 December 2020 at least equivalent 1.5% a year from 2014 to 2020 of the annual energy sales to final customers of all energy distributors or all retail energy sales companies by volume, averaged over the most recent 3-year period prior to 2013 by 2020 against a 2012 baseline

Energy Efficiency | Base Year Target | Target year: 2020 | Base year: 2012 | Source(s): Energy Eff... (2012 / Legislative)

The Union’s 2020 energy consumption has to be no more than 1 474 Mtoe of primary energy or no more than 1 078 Mtoe of final energy by 2020 against a 2012 baseline

Energy Efficiency | Base Year Target | Target year: 2020 | Base year: 2012 | Source(s): Energy Eff... (2012 / Legislative)

Union’s 2020 20% headline target on energy efficiency by 2020 against a 2012 baseline

Energy Efficiency | Base Year Target | Target year: 2020 | Base year: 2012 | Source(s): Energy Eff... (2012 / Legislative)

The biofuels and bio-liquids should contribute to a reduction of at least 35% of GHG emissions. From 2017, their share in emissions savings should be increased to 50% by 2020

Biofuels | Fixed Level Target | Target year: 2020 | Base year: 2009 | Source(s): 2020 Clima... (2009 / Legislative)

35% cut in GHG emissions from biofuels and bioliquids compared to fossil fuels by 2017, then 50% by 2018 against a 2008 baseline

Renewable Energy | Trajectory Target | Target year: 2018 | Base year: 2008 | Source(s): Act on Bio... (2006 / Legislative)

15% renewable energy of final energy by 2020

Renewable Energy | Base Year Target | Target year: 2020 | Base year: 2020 | Source(s): Energy Pol... (2009 / Executive)

15% final energy consumption from renewables by 2020

Renewable Energy | Base Year Target | Target year: 2020 | Base year: 2020 | Source(s): Strategy f... (2014 / Executive)

30% obliged entity's energy efficiency requirements implemented by 2016, then 20% by 2017, then 10% by 2018

Energy Efficiency | Base Year Target | Target year: 2018 | Base year: 2016, 2017, 2018 | Source(s): Energy Eff... (2011 / Legislative)

63 aggregated energy efficiency ratio by 2020 against a 2000 baseline

Energy Efficiency | Base Year Target | Target year: 2020 | Base year: 2000 | Source(s): Strategy f... (2014 / Executive)

Transportation

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.

Biofuel GHG emissions must be >35% lower than the fossil fuel they are replacing by 2017, 2018 against a 2015 baseline

Biofuels | Fixed Level Target | Target year: 2018 | Base year: 2015 | Source(s): Fuel Quali... (2009 / Legislative)

Manufacturer's average emissions to be reduced yearly by 2014-2020 against a 2011 baseline

General | Fixed Level Target | Target year: 2020 | Base year: 2011 | Source(s): Emission p... (2011 / Legislative)

Increasing aircraft fuel efficiency, thus reducing CO2 emissions by 20 to 30 % compared to ‘state-of-the-art’ aircraft entering into service as from 2014 by 2020

General | Trajectory Target | Target year: 2020 | Base year: 2014 | Source(s): Clean Sky ... (2007 / Legislative)

Reduce CO2 emissions by 50% and NOx by 80% by 2020 against a 2007 baseline

General | Fixed Level Target | Target year: 2020 | Base year: 2007 | Source(s): Clean Sky ... (2007 / Legislative)

Reducing the GHG intensity of fuels used in vehicles for transportation by 10% by 2020 against a 2009 baseline

General | Intensity Target | Target year: 2020 | Base year: 2009 | Source(s): Fuel Quali... (2009 / Legislative)

Average emissions of 95 g CO2/km as average emissions for the new car fleet, in accordance with Article 13(5) by 2020

General | Fixed Level Target | Target year: 2020 | Base year: 2009 | Source(s): Emission p... (2009 / Legislative)

At least 10% share of renewables in final energy consumption in the transportation sector by 2020

Renewable Energy | Fixed Level Target | Target year: 2020 | Base year: 2009 | Source(s): 2020 Clima... (2009 / Legislative)

Average emissions of 147 gCO2/km for the average emissions of new light commercial vehicles registered in the Union subject to confirmation of its feasibility, as specified in Article 13(1) by 2020

General | Fixed Level Target | Target year: 2020 | Base year: 2011 | Source(s): Emission p... (2011 / Legislative)

The specific emissions of CO2 of each light commercial vehicle which is designed to be capable of running on a mixture of petrol with 85% bioethanol (‘E85’), and which complies with relevant Union legislation or European technical standards, shall be reduced by 5% by 2015

Renewable Energy | Fixed Level Target | Target year: 2015 | Base year: 2011 | Source(s): Emission p... (2011 / Legislative)

10% biofuels in transport by 2020

Biofuels | Base Year Target | Target year: 2020 | Base year: 2020 | Source(s): Energy Pol... (2009 / Executive)

Buildings

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.

Every year, governments in EU countries must carry out energy efficient renovations on at least 3% (by floor area) of the buildings they own and occupy by 2020 against a 2009 baseline

Energy Efficiency | Base Year Target | Target year: 2020 | Base year: 2009 | Source(s): 2020 Clima... (2009 / Legislative)

LULUCF

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.

30% forest cover by 2020

Afforestation | Base Year Target | Target year: 2020 | Base year: 2020 | Source(s): Strategy f... (2014 / Executive)

Waste

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.

35% biodegradable municipal waste in landfills by 2020 against a 1995 baseline

Waste Reduction | Base Year Target | Target year: 2020 | Base year: 1995 | Source(s): Strategy f... (2014 / Executive)

Water

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.

356.5 hm3 reduction in water consumption (to 10100 hm3) by 2020 against a 2010 baseline

Preservation | Fixed Level Target | Target year: 2020 | Base year: 2010 | Source(s): Strategy f... (2014 / Executive)

Agriculture

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Coastal Zones

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Cross-Cutting Area

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Disaster Risk Management (DRM)

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Environment

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Health

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Industry

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Social Development

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Tourism

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

Urban

NDC Laws and National Policies
There are no quantifiable targets found in the NDC.There are no quantifiable targets found in the laws and policies.

The base year for Poland under the UN Climate Change Convention is 1988 rather than 1990. In general, parties with economies in transition were allowed to choose a base year other than 1990. For Poland, 1988 was the last year of the relatively normal functioning of the economy before the crisis, when GHG emission levels were at their highest level. The EU-wide goal of cutting emissions by 20% from 1990 levels by 2020 translates into a national target for Poland’s non-EU-ETS sectors of up to a 14% increase by 2020 compared to 2005. In 2012 total emissions were at the same level as in 2005.

Poland has reduced its GHG emissions substantially since its economic transformation started in 1990. As elsewhere in Central and Eastern Europe, the economic collapse of the former Soviet bloc resulted in a considerable drop in domestic and foreign demand for the country’s very energy- and carbon-intensive products. As a result of the structural shift towards less energy-intensive sectors, the country’s overall GHG emissions fell by around 24% between 1988, the base year, and 1994. The Polish success in decoupling economic growth from GHG emissions is higher than the European average. The country’s GDP grew by more than 200% between 1988 and 2012 while emissions fell by around 31%. Poland is also on track to meet the EU 2020 target for the sectors not included in the EU-ETS, primarily the residential, transportation and agriculture sectors as well as to meet the 15% RES target.

Poland has no single separate policy document setting a comprehensive climate change strategy. The “Climate Policy of Poland: Strategy to reduce greenhouse gas emissions in Poland until 2020” was developed by the Environment Ministry and adopted by the Council of Ministers in 2003, but this Strategy became outdated and is no longer in force.

Instead, climate policy is established in a number of different laws and policies. The Minister of the Environment is responsible for the implementation of climate policies and approves the programme of the State Environmental Monitoring System, which is co-ordinated, pursuant to the Act on the Inspectorate for Environmental Protection, by the Chief Inspector for Environmental Protection. The Minister engages the research and development institutes which are subordinated to him in implementing Poland’s tasks under the UNFCCC and the Kyoto Protocol. They include primarily the Institute of Environmental Protection (IOŚ-PIB), the Forest Research Institute (IBL), and the Institute of Meteorology and Waster Management (IMGW-PIB). At the national level, the following Ministers are also responsible for the introduction of the national climate policy into sectoral policies: the Minister of the Economy, the Minister of Agriculture and Rural Areas, and the Minister of Infrastructure and Development. In 2013, the Council of Ministers appointed the Plenipotentiary for Climate Policy at the level of Secretary of State in the Ministry of the Environment.

Poland put in place a national development system, with nine integrated development strategies. Two are directly linked to climate change: the “Strategy for Economic Innovation and Effectiveness” (2012-2020), adopted in 2013, and the “Strategy for Energy Security and Environment” (ESE), adopted by the Council of Ministers in 2014. The key strategy document dealing with energy and environment is the “Strategy for Energy Security and Environment”, adopted in April 2014, which identifies key priorities for environmental policy by 2020.

The country’s energy policy strategy, outlined in Energy Policy of Poland until 2030 (EPP 2030), issued by the Ministry of Economy in 2009, is mostly focused on improving energy security, efficiency and competitiveness. It implies a small reduction in overall GHG emissions by 2020, and a 4% increase between 2020 and 2030. The document presents a sectoral strategy aiming to address the key challenges that the Polish power industry faces until 2030, including growing demand for energy, inadequate fuel, energy generation and transmission infrastructure, significant dependence on external supplies of natural gas and almost complete dependence on external supplies of crude oil, as well as commitments in the field of environmental protection, including climate protection. The new Energy Policy for Poland until 2050, which will reflect the decisions made on the EU 2030 climate policy, is under preparation.

Energy supply

According to the 2009 energy strategy document (EPP 2030), energy supply should consist of a mix between cogeneration, renewables, grid modernisation, and nuclear. With this end, the EPP establishes measurable targets, for example: increase the percentage of renewable energy sources to 15% by 2020 and to 20% by 2030; boost the share of biofuels in transportation fuels to 10%; and build at least one biogas agricultural plant in each commune by 2020.

However, with respect to energy generation, coal remains the dominant source of fuel, while renewables remain at low levels. The share of renewable energy sources in final energy consumption was 10.4% in 2011. Poland must make a considerable effort to ensure continuous growth of the sector to reach renewable energy targets for 2020.

In April 2014, Council of Ministers adopted a long-awaited draft law that lays out long-term subsidies for renewable energy. The draft of the act will implement the provisions of the EU Directive on promoting the use of renewable energy into Polish law. The level of support will differ depending on the source of renewable energy. The draft has been forwarded to Parliament and is at the final stage of deliberations.

Energy demand

Energy efficiency is a priority in Poland’s energy policy. The 2009 Energy Policy of Poland until 2030 (EPP 2030) strategy document establishes a number of measures addressing energy demand, including national energy efficiency targets, energy efficiency performance certificates, minimum standards for power-consuming products, supporting investments in energy saving, and applying demand-side management techniques.

In 2011 the government issued an Energy Efficiency Law, introducing the system of white certificates as support scheme. Following the obligations assumed through this act, as well as the obligations established by the EU’s Energy Efficiency Directive and Energy Performance of Buildings Directive, the Polish government has to prepare its National Energy Efficiency Action Plans (EEAP). Poland’s second EEAP, issued in 2012, includes measures to improve energy efficiency, focusing on energy end-use efficiency, and calculations concerning energy savings achieved in 2008-2009 and expected in 2016. It shows the energy savings achieved in 2009 (top-down) and expected in 2016 (top-down and bottom-up).

The Strategy for Energy Security and Environment (ESE) identifies key reforms and necessary steps for cleaner energy and to safeguard the security of energy supply up to 2020. The key objectives include sustainable management of the environment through measures like water management, preservation of biodiversity and effective management of mineral resources. The policy strives to ensure competitive energy supply through measures such as better use of domestic energy resources, improved energy efficiency and modernisation of power industry including development of nuclear power. The government estimates that modernisation of the power sector will cut CO2 emissions by 0.4% annually. The policy document also calls for measures to reduce air pollution, cut industrial sector water use and manage waste better. The government will work towards carbon capture and storage solutions and gasification of coal, which is expected to remain the main source of energy.

Carbon pricing

The restructuring of the Polish economy in the 1990s focused on reducing the impact of the national economy on the environment and decoupling its GDP growth from GHG emissions. Presently, GHG emissions are below the target established under the Kyoto Protocol and Poland has a surplus of 500m of Assigned Amount Units (AAUs) in the period 2008-2012, the third largest after Russia and Ukraine.

In 2008 Poland became eligible to engage in international emissions trading, including trading of AAUs. The Act on Management of GHG Emissions and Other Substances came into force in 2009 and defines operational rules of the National Green Investment Scheme (GIS). It also addresses the use of proceeds from the transactions on hard and soft greening, and the mechanisms for monitoring, reporting and verification. The Act establishes that the National Fund for Environmental Protection and Water Management is the operating entity for the GIS.

A number of programmes are already being implemented within GIS. Energy management in public buildings (GIS grant budget of PLN650m, USD193m); agricultural biogas plants (PLN50m, USD14.9m); biomass combined heat and power stations (PLN25m, USD7.4m); construction, extension and conversion of electricity networks to enable the connection of wind energy generation sources (PLN80m, USD23.8m); energy-efficient street lightning (PLN120m, USD35.8m); and low-emission urban transportation (PLN40m, USD11.9m).

Transportation

The EPP 2030 strategy document establishes the need to gradually increase the share of biofuel in transportation fuels. As a result, the government established differentiated fuel taxes to promote alternative fuels. In 2013 the fuel fees charged to producers or importers of motor fuel were differentiated (PLN103.16, USD30.69) per 1,000 litre petrol; PLN259.92 per 1,000 litre diesel (USD77.34); PLN133.10, USD39.60 per 1,000kg gas). Another measure has been to incentivise the use of rail transport, including the introduction of integrated rail, tramway and bus tickets for selected routes. Regions and cities (Warsaw, Gdansk-Sopot-Gdynia) have introduced integrated ticketing systems and park & ride systems. The public transportation stock was upgraded through the purchase of modern, low- or zero-emission buses, trams and city trains. In addition, a biofuel quota was implemented through the 2006 Act on Biocomponents and Liquid Biofuels as a way to increase the share of biofuels in transport fuels.

Adaptation

The basic national strategic document is the Strategic Adaptation Plan for Sectors and Areas Sensitive to Climate Change up to 2020 (SAP 2020). The SAP 2020 was adopted by the Council of Ministers in 2013, and is in line with the EU Strategy on adaptation to climate change. It requires a horizontal approach and an account of the risks posed by climate change, as indicated in the Risk Assessment on Crisis Management, Report on Threats to National Security. The SAP 2020 foresees the mainstreaming of the adaptation programme into sectoral policies, primarily those related to agriculture and forestry, biodiversity, ecosystems and water resources, coastal zones, infrastructure and, subsequently, the preparation of a draft programme for their implementation.

Climate change adaptation is also being mainstreamed into the implementation of the relevant national and sectoral development strategies and policies: the Long-term Development Strategy by 2030; the Medium-term National Development Strategy by 2020; the National Spatial Management Conception by 2030; the Strategy for Economy Innovation and Effectiveness; the Human Capital Development Strategy; Energy Security and Environment Strategy; the National Strategy of Regional Development 2010–2020 for regions, cities and rural areas; the Transport Development Strategy by 2020; the Strategy for Sustainable Development of Rural Areas, Agriculture and Fisheries; the Effective State Strategy 2011–2020; the Social Capital Strategy; and the National Urban Policy.

Flood management is seen as a priority mainly in two strategies – the Energy Security and Environment Strategy and the Sustainable Development of Rural Areas, Agriculture and Fisheries Strategy.

ClientEarth v. Enea (Opened in 2018 )

Citation/reference number: Not available
Jurisdiction: Poland
Core objective(s): Whether the a Polish utility’s resolution granting consent to build a coal-fired power plant breaches board members’ fiduciary duties of due diligence and to act in the best interests of the company and its shareholders given climate-related financial risks.
Current status: open

ClientEarth, a non-profit environmental law organization and shareholder in the Polish utility Enea SA, has sued that company, seeking the annulment of a resolution consenting to construction of the €1.2bn 1GW Ostrołęka C coal-fired power plant. The claim is brought under the Polish Commercial Companies Code. The pleading is not yet publicly available, but plaintiffs…read more

The Polish Parliament consists of two legislative bodies, the Lower House (the Sejm), and the upper house (the Senate). There are 460 elected deputies in the Sejm, and 100 senators in the Senate, in both cases elected for four-year terms. The Polish legislative procedure is described by the Constitution.

Legislation can be initiated by the Cabinet, by the deputies of the Lower House (by a committee or a group of at least 15 deputies); by the Senate (a resolution of the entire Chamber is necessary); by the President of the Republic; or the Council of Ministers. The Constitution also allows citizens to introduce a bill if they gather 100,000 signatures from eligible voters.

Bills are submitted to the Lower House, where they are dealt with in three readings. The Lower House examines the bill and transmits it to the appropriate parliamentary committees for amendment. The bill is then returned to the Lower House, which votes on the amendments and the bill as a whole. The Lower House approves the bill by a simple majority, subject to at least half of the statutory number of members being present. Once it is passed in the Lower House, the bill is transmitted to the Senate, which has one month in which to adopt it without amendment, amend it or discard it. If a bill is amended or thrown out by the Senate, it must be re‑examined by the Lower House. The Lower House needs an absolute majority, subject to at least half of the statutory number of Members being present, to override a Senate recommendation.

If the Parliament completes the legislative process, the bill is transmitted to the President, who should sign it and order its publication in the Journal of Laws. Before signing a bill, the President can refer it to the Constitutional Court for constitutional review. If the Constitutional Court deems the bill to be compatible with the Constitution, the President may not refuse to sign it. The President also has the option of not referring a bill to the Constitutional Court but simply refusing to sign the bill and returning it to the Lower House for further consideration (“presidential veto”). However, the Lower House may reject a presidential veto by a three fifths majority, subject to at least half of the statutory number of Members being present. If the bill is once again adopted by the Sejm, the President has one week in which to sign it and order its publication. The last Presidential elections took place in May 2015, the next will take place in 2020. The last Parliamentary election took place in October 2015, next is expected for 2019.

Last modified 21 August, 2017