The case-law of the Court of Justice of the EU (CJEU) has also confirmed the requirement of access to justice in environmental matters under the Aarhus Convention, but CJEU judgements do not lead to uniform or harmonised implementation of this right across the Member States. [...] The non- binding statement issued by the European Commission upon adoption of the law and reiterating the need for Member States to ensure access to justice in case of breach of the Governance Regulation’s obligations does not compensate for this lack of access to justice provision. [...] After the failure of the legislators to include access to justice provisions in the Effort Sharing Regulation and on the Land Use, Land Use Change and Forestry Regulation in trilogue negotiations, the Commission made a non-binding declaration, by which it committed to assess access to justice in Member States in its report pursuant to Article 45 of the Governance Regulation. [...] Analysing the success of access to justice provisions throughout the 2019 – 2024 legislature, it becomes, however, abundantly clear that where the right to go to court is already proposed in the Commission’s proposal, the chances of it finding it into the final law are much higher than when the Parliament tries to introduce a reference to the third Aarhus Convention pillar later on in the legislat. [...] Annex II - Detailed assessment of the quality of the Access to justice provisions Access to Environmental Information Directive Article 6 Comments: The Access to Environmental Information Directive is one of two directives implementing the Aarhus Convention for the European Union (the other one being the Public Participation Directive).
Authors
- Pages
- 26
- Published in
- Belgium
Table of Contents
- Executive Summary ................................................................................................... 2 1
- Introduction ............................................................................................................... 2 1
- History ........................................................................................................................ 3 1
- Mapping of legislative files ....................................................................................... 4 1
- Trends ......................................................................................................................... 6 1
- Conclusion ................................................................................................................ 11 1
- Additional sources ................................................................................................... 13 1
- Annex I Methodology ........................................................................................... 13 1
- Executive Summary 2
- Introduction 2
- This document will not focus on the Aarhus Regulation the law through which the 3
- History 3
- Mapping of legislative files 4
- In Force prior to European Green Deal2019 4
- File name Adopted date Quality of ACCESS TO JUSTICE provision Commission 4
- Files of the European Green Deal 2019-2024 5
- File name Proposal date 5
- Adopted date 5
- ReachImpact Quality of ACCESS 5
- TO JUSTICE provision of the Commission proposal 5
- Trends 6
- Analysis of the legislative framework 6
- By policy area 7
- Policy area Files with ACCESS TO JUSTICE 7
- Comment and missing files 7
- By reviewable act 9
- Missing Pieces 10
- Urgenda 10
- Conclusion 11
- Additional sources 13
- Annex I Methodology 13
- List of indicators 13
- Scope double weighted 14
- Who has standing for example recognition of NGO status as public 14
- Guidance on sufficient interest consistently with the objective of giving the public concerned wide access to justice. 14
- Challengeable acts permits environmental damage acts of private bodies 14
- Level of national discretion when implementingabsence of obligation qualifiers 14
- Supplementary obligations 14
- Provide practical information Fair equitable timely not prohibitively expensive. Adequate and effective remedies including injunctive relief 14
- Proactive publication providing of information to the public about access to review 14
- Establishment of assistance mechanisms 14
- Exhaustion of administrative remedies specifically required or not. 14
- Annex II - Detailed assessment of the quality of the Access to justice provisions 14
