Judicial Protection of the Rights of Future Generations in the Republic of Poland

The rights of future generations have been recognised in many constitutions around the world and in acts of international law. The 1997 Constitution of the Republic of Poland refers to them in its preamble and in several of its provisions. They can also be derived from more general constitutional principles. However, it is important not only to recognise rights but also to ensure their effective protection. The purpose of this article was to show the role of courts in Poland in protecting the rights of future generations guaranteed by the Constitution. In particular, it seeks to answer the question of whether it is possible to file a lawsuit on behalf of future generations, and if so, on what legal grounds, and what mechanisms have already been successfully used in this regard. The article considers different types of proceedings before the ordinary courts as well as before the Constitutional Court. It also considers the usefulness of the dispersed constitutional review by ordinary courts that has been practised in recent years. The author concludes that Polish law lacks effective mechanisms for both enforcing the state’s obligations in this area and protecting future generations’ interests.