Jurisprudence
Displaying 21 - 30 of 117 resources
NGO Standing before the Court of First Instance and the European Court of Justice (art. 2 and 9) – The ECJ did not allow an environmental NGO to challenge a EU Regulation on cod fishing, as the NGO…
Publisher: UNECE / Task Force on Access to Justice
Article 115 of the Satversme obliges the public authorities, including local governments, to ensure implementation of the right to live in a benevolent environment. This includes the conduct of a…
Publisher: Constitutional Court
The requirements for public participation in environmental decisions (art. 3, 6 and 9).
Publisher: UNECE / Task Force on Access to Justice
Access to Justice – After hearing the Court of Justice of the EU, the Belgian Constitutional Court annulled a number of permits that were delivered by a Decree from the Walloon Parliament, as they…
Publisher: UNECE / Task Force on Access to Justice
An injunction to stop works at the industrial port of Granadilla was granted with no bond requirement.
Publisher: UNECE / Task Force on Access to Justice
Costs - The Outer Court of Session (Scotland) stated that the criteria for making a Protective Cost Order (PCO) were satisfied in an environmental case and ordered that if the petitioner – an…
Publisher: UNECE / Task Force on Access to Justice
The public interest and the scope of environmental impact assessment –Individuals, who are affected by a local development plan are able to invoke the public interest to advocate their cause. An…
Publisher: UNECE / Task Force on Access to Justice
Standing for individuals – the right of appeal is given to any person at risk of suffering harm or detriment caused by a decision, if that risk is not merely theoretical or completely insignificant.
Publisher: UNECE / Task Force on Access to Justice
Public concerned and omission by public authority – A decision of a supervisory authority not to intervene in a certain activity (a so-called 0-decision) can be appealed and its substance can be…
Publisher: UNECE / Task Force on Access to Justice
The definition of the public concerned – When deciding on whom should be given the right to appeal a permit decision, decisive factors are the distance to the activity, the nature of the emissions (…
Publisher: UNECE / Task Force on Access to Justice
