Access to Justice in Environmental Matters in the EU (Acces a la Justice en Matiere D'Environnement Dans L'Ue)

Access to Justice in Environmental Matters in the EU (Acces a la Justice en Matiere D'Environnement Dans L'Ue)
Author: Jonas Ebbesson
Publisher: Kluwer Law International B.V.
Total Pages: 524
Release: 2002-05-15
Genre: Law
ISBN: 9041118268

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Access to justice in environmental matters has been a topic for increasing legal discourse and law-making in international, European Community (EC) and national arenas. The 1998 Aarhus Convention provides new norms of international law, inspired by the 1992 Rio Declaration. EC law on access to justice is being drafted and changes can be observed in the laws of the European Union (EU) members states. This timely book presents the state-of-the-art of access to justice in environmental matters in the European Union. It provides a thematic and comparative introduction of the topic, followed by thorough descriptions of EC law and the law of each EU member state. The chapters are written in English or French with a summary in the other language. L'accandegrave;s andegrave; la justice en matiandegrave;re d'environnement a fait l'objet de plus en plus de dandeacute;bats juridiques et de dandeacute;veloppements l'andeacute;gislatifs en droit international, communautaire et national. La Convention d'Aarhus de 1998 dandeacute;finit de nouvelles normes de droit international, faisant suite andagrave; la Dandeacute;claration de Rio de 1992. Le droit communautaire en matiandegrave;re d'accandegrave;s andagrave; la justice est en voie d'andeacute;laboration et dandeacute;jandagrave; des changements peuvent andecirc;tre observandeacute;s dans les lois nationales des andEacute;tats membres de l'Union europandeacute;enne. Cet ouvrage, qui arrive en temps opportun, prandeacute;sente l'andeacute;tat actuel de l'accandegrave;s andagrave; la justice en matiandegrave;re d'environnement dans l'Union europandeacute;anne. Une introduction thandeacute;matique et comparative du sujet est suivie par une description approfondie du droit communautaire et du droit national de chaque andEacute;tat membre de l'Union europandeacute;enne. Les chapitres sont randeacute;digandeacute;s soit en franandccedil;ais soit en anglais, accompagnandeacute;s respectivement d'un randeacute;sumandeacute; dans l'autre langue.

Access to Justice in Environmental Matters

Access to Justice in Environmental Matters
Author: Michael G. Faure
Publisher:
Total Pages: 0
Release: 2014
Genre: Due process of law
ISBN: 9789462360754

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This book examines how to push forward access to justice in environmental matters in the EU. The authors analyze four options from a Law and Economics and Law and Society perspective. In addition, they include an empirical study of the consequences of the four option in Latvia, the United Kingdom and Germany. The goal of the book is twofold: (a) to highlight the differences between the four options from an economic perspective and (b) to investigate to what extent the absence of an EU-wide regime for access to justice in environmental matters is disadvantageous. This book is unique as for the first time, an in-depth socio-economic analysis of access to justice is given. The book is of interest to EU environmental lawyer and policymakers.

Access to Justice in Environmental Matters

Access to Justice in Environmental Matters
Author:
Publisher:
Total Pages: 4
Release: 2017
Genre:
ISBN: 9789279678448

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Access to justice in environmental matters means people being able to go to court ... Citizens must be able to go to court if public authorities do not respect the rights and fulfil the requirements created by EU environmental laws. EU laws on nature protection also give rise to rights. Citizens play an important role in maintaining a good natural environment. Public authorities must meet certain minimum requirements when answering information requests, consulting the public, checking the state of air and water, preparing plans to safeguard the environment, and restricting potentially harmful activities.

Access to Environmental Justice: A Comparative Study

Access to Environmental Justice: A Comparative Study
Author: Andrew Harding
Publisher: BRILL
Total Pages: 396
Release: 2007-06-30
Genre: Law
ISBN: 9047420454

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Although it is commonly asserted that enhanced citizen participation results in better environmental policy and improved enforcement of environmental standards, this hypothesis has rarely been subject to testing on a comparative basis. The contributors to this book set out to study the extent to which citizens can and do exert influence over their urban environments through the legal (and extra-legal) 'gateways' in eleven countries spanning several continents as well as different climates, levels and type of economic development, and national legal and constitutional systems, as well as exhibiting a different set of environmental problems. One interviewee questioned about access to environmental justice, dryly remarked that in his city there was no environment, no justice and no access to either. Yet this view, as will be seen, requires to be nuanced. While few people will be surprised by the finding that legal gateways to environmental justice are largely ineffective, the reasons for this are revealing; but also the richness of detail and the comparisons between the different countries, and also the positive aspects which surfaced in several instances, were indeed both encouraging and sometimes surprising. This book presents the first comparative survey of access to environmental justice, and will be of considerable use to lawyers, policy-makers, activists and scholars who are concerned with the environmental issues which so profoundly affect and afflict our habitat and conditions of social justice throughout the world.

Access to Justice in Environmental Matters at EU Member State Level

Access to Justice in Environmental Matters at EU Member State Level
Author: Jona Razzaque
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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Access to justice has been a topic of interest in the EU even prior to the 1998 Aarhus Convention. The Aarhus Convention focuses on procedural rights and not substantive matters. While dealing with access to justice, Article 9 of the Convention takes account of access to information, public participation in the decision-making and access to administrative and judicial procedures. At the EU level, two separate directives deal with access to information and public participation in the decision-making, respectively. The draft EU directive on access to justice in environmental matters (2003), which is discussed in this paper, concentrates on the enforcement of legislation relating to the environment by members of the public. The concerns of the NGO communities were clear from the consultations carried out by the EU on the proposed EU Directive on access to justice in environmental matters. The main concerns related to the definitions which, in some cases, did not follow the wordings of Aarhus Convention. In their view, the provisions related to standing and recognition procedure are also not satisfactory. Questions were raised regarding the necessity of the opt-out mechanism. There was also an issue that the draft directive on access to justice in environmental matters should have taken a more effective role on the cost implications of any legal action brought by environmental organisations. Moreover, some non-legal barriers might jeopardise the effectiveness of the directive. Though all the EU member states have signed the Aarhus Convention, only a handful of members have so far managed to ratify it. One of the member states, the UK, is working towards a speedy ratification. A case study of the UK suggests that quite a large number of research works have been done on all three pillars of Aarhus Convention. This paper mentions, albeit briefly, three recently completed research projects on access to justice in the UK. So far as standing is concerned, UK law refers to a 'sufficient interest' test. In most of the environmental cases, the judges have taken a restricted approach while defining and applying the 'sufficient interest' test. The judiciary in the UK can review decisions taken by public authorities. However, they are only allowed to examine the procedural, and not substantive, illegality or impropriety. This situation creates an obstruction to justice when one considers that there is no third party right of appeal in the UK. There is a concern as to the expensive and time-consuming legal system of the UK which is not fair and equitable and will not pass the Aarhus test. This paper explores the issue of a separate environment court and whether that would create an 'independent and impartial tribunal' for environmental matters. The paper concludes with a hopeful note that the EU's directive on access to justice in environmental matters will provide member states the necessary guidance and will lead to a better access to justice in all EU member states.

Access to Justice in Environmental Matters and the Role of NGOs

Access to Justice in Environmental Matters and the Role of NGOs
Author: Nicolas de Sadeleer
Publisher:
Total Pages: 0
Release: 2005
Genre: Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters
ISBN: 9789089521477

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The Avosetta Series contains texts that present innovative discourse on European environmental law. This book, sixth in the series, is based on the findings of a research study on Access to Justice in Environmental Matters that the European Commission had commissioned in 2002 in order to provide input on the preparation of a proposal for a Directive on access to justice. In particular, the book assesses developments and the situation concerning NGO's access to justice in environmental matters in a certain number of Member States. It also presents empirical data on the number of cases brought by environmental associations.

Europeanisation of Access to Justice in Environmental Matters

Europeanisation of Access to Justice in Environmental Matters
Author: Bojana Todorovic
Publisher: Hart Publishing
Total Pages: 0
Release: 2025-06-12
Genre: Law
ISBN: 150997962X

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This book analyses the ways in which Article 9 of the Aarhus Convention enables environmental access to justice in the Balkans, a region at the epicentre of extreme climate change events. Adopting a law-in-context approach, the chapters explore national cultures and driving forces shaping the implementation of Aarhus standards in Albania, Croatia, Montenegro, North Macedonia, Romania, Slovenia, and Serbia, paving the way for their comparative assessment. The book combines EU law and the case law of the European Court of Human Rights with the bottom-up Europeanisation brought about by rising environmental protests and the activism of civil society organisations in the region. In doing so, it explores the extent to which these Balkan countries comply with requirements stemming from Article 9 of the Aarhus Convention, and whether, despite national differences, it is possible to talk about Europeanisation of access to justice in environmental matters. The interdisciplinary approach and geographical scope of the book make it an important read for academics and practitioners, as well as for the civil society sector and policy makers grappling with the normative and practical challenges around environmental access to justice – both in and beyond Europe.