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ClientEarth v Poland (on behalf of M.G.) - decision

Litigation

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ClientEarth, on behalf of a private citizen, brought an action against the Polish government alleging human rights violations for their failure to protect the citizen from the worsening effects of climate change. The case names the State Treasury as the defendant, represented by Minister for Climate and Environment, Minister for State Assets, Minister for Development, Labour and Technology, Minister for Infrastructure, Minister for Agriculture and Rural Development, and the Minister for Funds and Regional Policy. The plaintiff asks the court to determine the defendant's liability resulting from the public authorities’ allowing the emission of greenhouse gases (GHG) from the territory of Poland in excess of the ‘fair share.’ The plaintiff alleges this resulted in violations of the right to enjoy the value of the natural environment, including the right to live in stable and safe climatic conditions, health, respect for the place of residence, the right to privacy and respect for family life.

The claim was brought by ClientEarth pursuant to Article 61 § 1(2) of the Polish Code of Civil Procedure on behalf of M. G., who they claim was wronged by the actions of public authorities resulting in the infringement or threat to her personal rights. The alleged conduct of the State authorities, for which the State Treasury bears responsibility, consists of a series of acts and omissions which have the effect of allowing excessive GHG emissions from the territory of the State, contributing to the deepening of the global warming effect leading to irreversible and dangerous climate change which directly affects the plaintiff. The plaintiff claims she is already suffering from the effects of climate change, which have a clear impact on her life at her place of residence. These include, in particular, heavy rainfall, prolonged droughts and extreme weather phenomena such as thunderstorms, fires and gusty winds, which spread fire and cause sandstorms, all of which are damaging to human health. The plaintiff claims these events are unprecedented in relation to previous decades, when similar phenomena were characterised by much lower frequency, scale, and intensity. 

Poland is among the largest emitters within the European Union, ranking among the top three member states in terms of total CO2 emissions, emissions per capita and emissions in relation to GDP. In terms of climate policy, Poland also ranks among the lowest in international climate rankings, and its progress in reducing GHG emissions is assessed as incompatible with the Paris Agreement. Regardless of the results of the completed strategy, the fulfilment of the climate commitments of the European Union adopted for 2030 is considered to be at risk. 

The plaintiff alleges that the actions of public authorities leading to excessive GHG emissions are unlawful, which is the premise of Article 24 of the Polish Civil Code. Further, they result in a threat to fundamental human rights, guaranteed inter alia by the Convention for the Protection of Human Rights and Fundamental Freedoms. Member States are obliged to respect these rights not only by refraining from violating them, but also by taking measures to ensure that they are respected (so-called positive state obligations). However, adverse climate change caused by high emissions significantly interferes with individuals' ability to exercise such fundamental rights as the right to life (Article 2 ECHR) and the right to respect for private and family life and home (Article 8 ECHR). The plaintiff alleges that actively contributing to the exacerbation of the dangerous phenomenon of global warming is also in breach of numerous constitutional norms, including the obligation to prevent the negative effects of environmental degradation on health (Article 68(4) in conjunction with Article 68(1) of the Polish Constitution) and to protect the environment and ensure ecological safety for contemporary and future generations (Article 74(1) and (2) of the Polish Constitution). This action is also contrary to the principles of social co-existence, including the rule prohibiting causing harm to another.

The plaintiff seeks remedies based on a ‘fair share’ analysis for Poland. The analysis presented by the plaintiff found that in order to make an equitable contribution to meeting the 1.5oC goal of the Paris Agreement, the Polish State must: (i) reduce national GHG emissions by 61% by 2030 (below 1990 levels); (ii) reach net zero emissions by 2043; and (iii) not exceed between 2020 and 2043 the carbon budget attributable to Poland of 4.1 Gt CO2eq.

On June 11, 2021, the District Court in Łomża found itself not competent to hear the case and transferred the case to the District Court in Warsaw for examination. ClientEarth appealed, and on September 8, 2021, the Court of Appeal in Białystok reversed the decision of the District Court in Łomża. Thus, the case has been returned to the Regional Court in Łomża for examination.

ClientEarth v Poland (on behalf of M.G.)

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

ClientEarth v Poland (on behalf of M.G.) - decision

Target

Risk

Greenhouse gas

Economic sector

Finance