Publication details

Czechia v. Poland (C-121/21)-legal and political background-Czech perspective

Authors

VODIČKA Jiří

Year of publication 2026
Type Chapter in a book
MU Faculty or unit

Faculty of Law

Citation
Description This chapter explores the cross-border environmental dispute between the Czech Republic and Poland over the Turów lignite mine. The conflict, rooted in Poland's expansion of the mine, has led to significant environmental impacts on the Czech side, particularly groundwater depletion and land subsidence. The case highlights the failure of cooperation between the two nations, contrary to EU principles. The chapter details issues in Poland's administrative proceedings, including shortcomings in the SEA and EIA processes, which compromised Czech environmental protection efforts. The European Commission and the CJEU recognised these issues, leading to interim measures and penalties against Poland. Although Advocate General Pikamäe supported several Czech claims, the legal action was withdrawn after a governmental agreement was reached. This agreement, while offering compensation and environmental safeguards, was criticised for its lack of transparency and failure to address the core environmental concerns. The Turów case underscores the challenges of balancing economic interests with environmental protection within the EU framework.

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