Poland National Law: legal personality of the Odra River

Summary

In 2025, a citizens bill in Poland on recognizing the legal personality of the Odra River entered the official parliamentary process. The bill recognizes the river as having “legal personality of an environmental nature” and the “capacity to perform legal acts within the scope specified in this Act.”

Background
The bill was originally drafted in 2023, in response to an ecological disaster where water contamination caused the deaths of an estimated 500 tons of fish, as well as mussels, birds, beavers, and extensive plant life, affecting several hundred kilometers of the river and leaving many sections as dead zones.

The draft law then underwent a required number of works, additions and consultations before being submitted to the National Assembly in May 2025, with the support of 41 members of parliament. On 22 January 2026, the Parliamentary Committee for the Odra River met to discuss amendments to the draft bill, along with the MPs who supported the bill’s adoption in the Sejm (lower house of parliament).

Legal Provisions
The law sets out the rules for recognizing the legal personality of the river, its rights, manner of representation, and the organization and functioning of its bodies.

The rights of the river include: to exist as an integral ecosystem; to flow freely in accordance with natural hydrological processes; to natural evolution and ecosystem functions; to preserve its native biodiversity; to regenerate its resources; to feed and be fed by aquifers and tributaries; to protection from unauthorized interference, particularly pollution; to participation in administrative proceedings concerning its condition, flow, water quality, or the integrity of the river ecosystem; and the right to compensation for damage caused to it.

Authorities of the Odra River: The responsible bodies include a Committee of Representatives (the decision-making body), a Management Board (the executive body), and a Scientific Committee (the advisory body).

Financing: The law establishes an Odra River Fund which is a state special-purpose fund financed from: environmental fees; penalties for violations of water law relating to the Odra River; subsidies from the National Fund for Environmental Protection and Water Management; funds from the European Union; and a 0.5% compensatory contribution by companies using the waters of the Odra River for 5 years from the date of entry into force of the Act.

In the event of a lawsuit, the following may be demanded: cessation of violations; preventive measures; reparation for damages; restoration to previous state; monetary compensation for the restoration of the ecosystem and environmental protection purposes. In the event of a conflict between river rights and other public interests, that law dictates that the matter shall be decided by the Water Court – a specialized chamber of the Provincial Administrative Court in Warsaw.

Involved Organizations