“Climate Protection Law” has been developed during the last approximately 15 years on an international, supranational and regional level. In the European Union the trading scheme of greenhouse gas allowances—introduced by Directive 2003/87—is to be considered a central element of the European Union’s climate protection policy. Despite of the creation of the EU emission trading scheme already in 2003 the scheme raises a range of legal questions which have not been really clarified yet. Against this background, the following contribution will discuss—on the basis of a summary of the legal bases and the development of emission trading in the EU—some selected legal questions concerning design, interpretation and application of the Directive 2003/87. Additionally, the question of whether the emission trading scheme as provided by Directive 2003/87 could serve as a model for air protection respectively emission reduction of other air pollutants and / or as a model for a trans-regional or even global emission trading scheme will be discussed.
Astrid Epiney and Benedikt Pirker
The present contribution assesses the case law of the European Court of Justice interpreting the provisions of the Aarhus Convention relating to access to justice. Cases have dealt with the temporal scope of application of provisions on access to justice, projects implemented by specific acts of national legislation and their exclusion from the obligations under the Convention, interim relief and the effet utile of provisions on access to justice, the range of possible pleas for judicial review, the role of procedural errors, permissible costs of proceedings, access to justice for environmental associations under different provisions of the Convention and the annulment of a permit and its relationship with the right to property. As is also shown, this case law is at the same time relevant – though not binding – for Switzerland as a non-eu Member State, but party to the Convention.