Access to Justice in Environmental Matters in the EU Member States - A study of the case law from the European Court of Justice on access to national courts for non-governmental organizations and the costs of environmental proceedings
Author
Summary, in English
The United Nation Economic Commission for Europe’s Convention on access to information, public participation in decision-making, access to justice in environmental matters (hereafter the Aarhus Convention) is considered to be the main legally binding instrument protecting the public’s environmental rights. It is based on the idea that procedural rights relating to environmental matters should contribute to the protection of the right of every person, including future generations, to live in an environment adequate to his or her health and well-being. Access to justice in environmental matters is of significant importance as it may add to the protection of public environmental interests, enforce the implementation of existing environmental laws, and increase the legitimacy of environmental decisions. As the environment has no voice of its own it has been argued that for instance Non-Governmental Organizations (hereafter NGOs), should be granted access to court in order to speak on behalf of the environment.
Both the EU and the Member States are part of the Aarhus Convention, and the aim of this thesis is to examine the CJEU’s interpretation of access to justice in environmental matters at EU Member State level. The first question investigated is how the CJEU interprets the national standing requirements for environmental NGOs. Additionally, the CJEU's rulings on questions concerning the allowed costs of judicial national proceedings are examined, as high litigation costs may be an indirect hinder to access to justice. Moreover, the thesis also aims to study the rational behind granting wide access to justice in environmental matters, in particular for environmental NGOs in the EU Member States. Lastly, this thesis will cast light on the question whether there is a need for the EU legislator to harmonise the right to access to justice on environmental matters.
It is clear from the examination that the EU’s and the Member States’ implementation of, and compliance with, the Aarhus Convention has not been unproblematic. In fact, there have been several legal ambiguities both regarding the EU legal order and the internal legal order of numerous EU Member States. For example when EU became part of the Aarhus convention there were discussions regarding the construction of a directive on access to justice in environmental matters, but as the Member States opposed this idea due to the principle of subsidiarity the directive was never finalized. Furthermore, access to justice in environmental matters still varies throughout the Union, and in several of the Member states there are a number of barriers potential applicants have to overcome.
The conclusion drawn from analysing the judgements delivered by the CJEU, is that the Court has taken a progressive approach and played a key role regarding the interpretation of the Aarhus Convention, and the relevant EU legislation. Of particular importance is the fact that the CJEU, while interpreting the Member States’ standing rules for Non-Governmental Organisations in environmental matters, has highlighted the role of these organisations and emphasized that they should enjoy wide access to justice. Regarding the allowed costs of environmental proceedings, the CJEU has concluded that the costs must be examined in the light of the objective of the Aarhus Convention to establish wide access to justice in environmental matters. Consequently, these judgements may increase the ability for environmental NGOs to take action in national courts on behalf of the environment.
Nevertheless, there are still issues regarding access to justice in environmental matters that need to be resolved. In order to enforce EU environmental legislation and achieve legal certainty throughout the Union, the conclusion drawn in this thesis, is that there should be harmonizing measures taken by the EU legislator in order to guarantee access to justice in environmental matters in the EU Member States.
Both the EU and the Member States are part of the Aarhus Convention, and the aim of this thesis is to examine the CJEU’s interpretation of access to justice in environmental matters at EU Member State level. The first question investigated is how the CJEU interprets the national standing requirements for environmental NGOs. Additionally, the CJEU's rulings on questions concerning the allowed costs of judicial national proceedings are examined, as high litigation costs may be an indirect hinder to access to justice. Moreover, the thesis also aims to study the rational behind granting wide access to justice in environmental matters, in particular for environmental NGOs in the EU Member States. Lastly, this thesis will cast light on the question whether there is a need for the EU legislator to harmonise the right to access to justice on environmental matters.
It is clear from the examination that the EU’s and the Member States’ implementation of, and compliance with, the Aarhus Convention has not been unproblematic. In fact, there have been several legal ambiguities both regarding the EU legal order and the internal legal order of numerous EU Member States. For example when EU became part of the Aarhus convention there were discussions regarding the construction of a directive on access to justice in environmental matters, but as the Member States opposed this idea due to the principle of subsidiarity the directive was never finalized. Furthermore, access to justice in environmental matters still varies throughout the Union, and in several of the Member states there are a number of barriers potential applicants have to overcome.
The conclusion drawn from analysing the judgements delivered by the CJEU, is that the Court has taken a progressive approach and played a key role regarding the interpretation of the Aarhus Convention, and the relevant EU legislation. Of particular importance is the fact that the CJEU, while interpreting the Member States’ standing rules for Non-Governmental Organisations in environmental matters, has highlighted the role of these organisations and emphasized that they should enjoy wide access to justice. Regarding the allowed costs of environmental proceedings, the CJEU has concluded that the costs must be examined in the light of the objective of the Aarhus Convention to establish wide access to justice in environmental matters. Consequently, these judgements may increase the ability for environmental NGOs to take action in national courts on behalf of the environment.
Nevertheless, there are still issues regarding access to justice in environmental matters that need to be resolved. In order to enforce EU environmental legislation and achieve legal certainty throughout the Union, the conclusion drawn in this thesis, is that there should be harmonizing measures taken by the EU legislator in order to guarantee access to justice in environmental matters in the EU Member States.
Department/s
Publishing year
2014
Language
English
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Document type
Student publication for professional degree (Master's level)
Topic
- Law and Political Science
Keywords
- The Aarhus Convention
- Environmental law
- EU law
- Law and Political science
Supervisor
- Sanja Bogojevic