Article 9.2 of the Aarhus Convention and eu Law

Some remarks on cjeus case-law on access to justice in environmental decision-making

in Journal for European Environmental & Planning Law
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One important means for the implementation of the third pillar of the Aarhus Convention into eu law is the provisions on access to justice in the eia Directive (2011/92). The case-law of the cjeu on those provisions has developed rapidly in the last couple of years. This body of cases has given the concept “access to justice in environmental decision-making” a new meaning and improved the understanding of the requirement for judicial protection under eu environmental law. The aim of this article is to highlight this development and discuss a couple of key issues on access to justice. First, the relationship between “direct effect” and the individuals “rights” and the principles of effectiveness and judicial protection according to eu law is analysed. Thereafter, the meaning of “substantive and procedural legality” and the distinction between general and personal interests in relation to individual’s standing are discussed. The next issue concerns the role of environmental non-governmental organisations. Finally, the concept “courts or tribunals” in environmental decision-making procedures is considered.

Article 9.2 of the Aarhus Convention and eu Law

Some remarks on cjeus case-law on access to justice in environmental decision-making

in Journal for European Environmental & Planning Law

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References

10

Brakeland 2014p. 9f.

39

Darpö 2013p. 13f.

42

 See Darpö 2013section 2.2.

56

Jendroska 2014p. 134.

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