|HOMERESOURCE DIRECTORYNEWSNATIONAL REPORTSCALENDARHELPCONVENTION HOME|
Sweden: Supreme Court (Högsta domstolen) - Taggen Vindpark case, case n° NJA 2012 s. 921 - Summary with a link to the judgement. Criteria for ENGO standing –The criteria in law for ENGO standing must be read generously in order to meet with the international obligations on access to justice in environmental matters.
Key words: Public concerned, individuals’ standing, ENGO standing, wind farm, permit, criteria for standing
English | Swedish
Sweden: Land and Environmental Court of Appeal (Mark - och miljööverdomstolen) - case 16:13 MB (Environmental Code), case n°MÖD 2012:47 and MÖD 2012:48 - Summary with a link to the judgement. Criteria for ENGO standing - The criteria in law for ENGO standing must be read generously in order to meet with the international obligations on access to justice in environmental matters.
Key words: Public concerned, ENGO standing, fixed criteria, effective justice English | Swedish
Hungary: Supreme Court (Legfelsőbb Bíróság) - Tubes Hill case, Case n°Kfv.IV.37.629/2009/70 - Summary with a link to the judgement. Public access to information in decision-making procedure on specific activities serving national defence purposes.
Key words: Standing, right to bring an action, exclusion of private persons from the action, access to environmental information, environmental impact assessment, scope of review, decision-making on activities serving national defence purposes English | Hungarian
Ukraine: Environment People Law (EPL) launched a register of court decisions on environmental matters. “Environment-People-Law” is an organization of practical lawyers in the field of the protection of environmental rights of citizens and the environment.
This organization created a register of court decisions of the Supreme Court of Ukraine, higher specialized, appellate and local courts – court decisions and resolutions in civil, economic and administrative cases initiated by civil society institutes, individuals and groups of people for the benefit of environment and society which will surely become a valuable source of information for development of strategies and tactics of handling other court processes in similar legal proceedings.
The register is located at the link http://caselawepl.org.ua and is accessible for unlimited use 24 hours a days.
In particular, the register includes only decisions that are related to environmental protection and enables the public to do a thematic search for court decisions. In addition, when a case is uploaded into the register, links are created between cases of various instances so that by choosing one decision one can see all the other decisions related to the same case.
Key words: Register, court decisions, access to information, access to justice English | Ukrainian
Sweden - Land and Environmental Court of Appeal (Mark - och miljööverdomstolen) - Public support case, Case N° 8662-14 - Summary with a link to the judgement. Criteria for ENGO standing - The criteria in law for ENGO standing must be read generously order to comply with the international obligations on access to justice in environmental matters.
Key words: Public concerned, ENGO standing fixed criteria, effective justice, public support English | Swedish
Sweden - Land and Environmental Court of Appeal (Mark - och miljööverdomstolen) - Simrishamn case - Summary with a link to the judgement. Standing for individuals - Individuals must have the possibility to challenge each step in environmental proceedings which are decisive in the decision-making, even on issues that relate merely to public interests.
Key words: Public concerned, individuals' standing, public and private interests, protected norm theory English | Swedish
Sweden - Supreme Administrative Court - Änok case - Summary with a link to the judgement. Standing of environmental non-governmental organizations – Procedural law shall be interpreted in order to give the public concerned broad opportunities to challenge in court decisions on forestry.
Key words: Public concerned, ENGO standing, effective justice, standing rules, forestry, significant effect on the environment, environmental decision English | Swedish
Spain - Supreme Court (Tribunal Supremo, Sala de lo Contencioso) - Dam of Itoiz case - Summary with a link to the judgement. Access to information. The fact that some pieces of information contained in the files of an unfinished project may be considered as “provisional” should not be interpreted as if they were “material in the course of completion”.
Key words: Access to information, grounds for refusal, material in course of completion. English | Spanish
Netherlands - Hague District Court- Urgenda Foundation vs. the State of the Netherlands re limiting greenhouse gas emissions - C/09/456689 / HA ZA 13-1396 – a link to the judgment . The Urgenda Foundation (Urgenda) brought this claim against the Netherlands, alleging that it has a legal obligation to take more ambitious measures to limit greenhouse gas emissions. Urgenda argued that the State has a duty of care towards Urgenda itself, the 886 individuals that Urgenda represented and Dutch society. The Court rejected the 886 individuals’ claims, believing that Urgenda had in any case successfully subsumed those claims. The Court concluded that the State has acted negligently and therefore unlawfully towards Urgenda by starting from a reduction target for 2020 of less than 25% compared to the year 1990. The Court found that its role was to offer legal protection, also in cases against the government, while respecting the government’s scope for policymaking. The State’s argument concerning the separation of powers was rejected. The Court ordered the State to limit the joint volume of Dutch annual greenhouse gas emissions, or have them limited, so that this volume will have reduced by at least 25% at the end of 2020 compared to the level of the year 1990. Dutch | English
European Union - Court of Justice - Joined cases C - 401/12 P, C - 402/12 P and C - 403/12 P (Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht.); 2) Joined cases C - 404/12 P and C - 405/12 P (Stichting Natuur en Milieu and Pesticide Action Network Europe) - Summary with a link to the judgements. Key issue: Access to justice - private parties cannot rely on article 9, para. 3, of the Convention in order to challeng e the legality of EU acts before the General Court or the Court of Justice. Key words: Direct effect, Regulation (EC) No 1367/2006, internal review, clean air, pesticides, admissibility. English
Most popular resources among this group of 91 resources.