Polish MP Andrzej Adamczyk is appealing a court decision dismissing his challenge to Krakow’s clean transport zone regulations, escalating the legal battle.
MP Adamczyk Appeals Krakow Clean Transport Zone Ruling
PiS MP Andrzej Adamczyk is contesting a decision by the Provincial Administrative Court (WSA) that rejected his complaint against Krakow’s clean transport zone (SCT) regulations. He announced Monday he has filed an appeal to the Supreme Administrative Court (NSA).
The former infrastructure minister under the Law and Justice (PiS) party had previously challenged the Krakow City Council’s SCT resolution in the WSA, arguing it infringes on civil rights and freedoms, is discriminatory, and harms residents of Krakow and Małopolska.
WSA Dismissed Initial Complaint, Citing Lack of Legal Standing
The WSA dismissed Adamczyk’s complaint, stating he lacked legal standing to bring the case. “The administrative court ruled in January that I did not have legal standing and dismissed my complaint for this reason. I disagree with this decision,” Adamczyk stated at a press conference.
Adamczyk, who filed a cassation appeal, expressed hope that the NSA will rule in his favor.
Arguments Center on Discrimination and Legal Standing
Adamczyk argued he had legal standing to challenge the SCT resolution both as a parliamentarian and as a resident of the Krakow agglomeration, claiming the regulations are discriminatory.
City Councilor Maciej Michałowski (PiS) questioned who, besides the voivode, has legal standing to file an administrative court complaint regarding the SCT, stating that a Member of Parliament, the mayor of Skawina, or a resident of Wieliczka do not automatically qualify.
Criticism of Proposed SCT Changes
Regarding Krakow President Aleksander Miszalski’s (KO) announced “major correction” to the SCT, Councilor Michałowski dismissed it as “pudrowanie trupa” – literally, “powdering the corpse,” implying a superficial fix.
WSA Partially Upheld Voivode’s Complaint, Narrowly Defining Residency
In January, the WSA in Krakow only upheld the complaint of Voivode Krzysztof Jan Klęczar (PSL), invalidating only specific provisions. The court challenged the definition of a Krakow resident based on registration, requiring actual residency within the municipality for that designation.
Another invalidated provision concerned exemptions from SCT fees for those traveling to NFZ-funded facilities, excluding private medical facilities within the zone.
Voivode’s Complaint Focused on Equal Treatment Under the Law
The voivode’s office argued the WSA did not address the key legal concern of equal treatment under the law, specifically the fee mechanism for older vehicles from outside Krakow, while residents with similar vehicles were exempt.
Changes to the SCT Planned for 2027
Krakow’s President announced planned changes to the SCT, to be implemented through a separate city council resolution, following industry and public consultations, with an expected implementation date no later than January 2027.
Current SCT Regulations and Vehicle Requirements
The clean transport zone has been in effect in Krakow since January 1st, covering most of the city. Drivers of non-compliant vehicles must pay an entry fee, with exemptions for Krakow residents who purchased vehicles before June 26, 2025.
Vehicles meeting specific emission standards are exempt, including gasoline/LPG vehicles meeting Euro 4 standards (produced 2005 or later) and diesel vehicles meeting Euro 6 standards (produced 2014 or later for passenger cars, 2012 or later for trucks).
