The concept of legal interest in the context of the possibility of challenging an air protection programme before an administrativecourt. Remarks on the CJEU judgment of 22 December 2022, C 61/21.

Abstract

The paper focuses on an analysis of the issue of legal interest in the context of the contestabilityof air protection programmes before administrative courts. The evaluation of newarguments for the identification of legal interest, in acts of European law and internationalobligations, is particularly noteworthy. The article analyses the so-called pro-EU interpretationas a possible source of legal interest in administrative law. Above all, the article examinesthe current case law of the Court of Justice of the European Union, the European Court ofHuman Rights, and in Poland the Constitutional Tribunal, the Supreme Administrative Courtand provincial administrative courts, the Supreme Court and the ordinary courts. The judgmentof the CJEU of December 22, 2022, C-61/21, is discussed in particular in relation to thelegal solutions adopted in Poland for air protection, leading to the proposal of de lege ferendachanges indicated in the conclusions to this article.