The process of legislating in the EU to improve access to justice in the field of the environment, at a standstill since 2003, has been retriggered with the European Commission's launch of a public consultation. Opened on 15 July, the consultation will run until 23 September(1).
Guaranteeing and regulating access to justice, in this case the right to challenge a decision - or the absence of a decision - by public authorities suspected of not complying with environmental law is an international obligation under the Aarhus Convention, signed in 2005 under the auspices of the United Nations.
Although EU law covers many areas related to access to justice, there are gaps that are only filled by case law, as evidenced by a number of EU Court of Justice decisions. The court has confirmed, for example, the importance of providing effective access to justice, in particular by giving individuals and associations an active role in defending the environment.
The procedure for anticipating the measures of the Aarhus Convention or even writing its key elements into EU law, begun before the convention was even signed, has stalled. A draft directive has been on the table since 2003. The Commission notes that there are two solutions: to rely on non-legislative means, such as the drafting of guidance documents, or to adopt binding EU legislation.
The consultation, opened on 15 July, aims to collect opinions on possible solutions and particularly concerns perceptions of the importance of ensuring effective and efficient access to environmental justice in the member states; ways to guarantee effective and efficient access to justice in environmental matters and elements on which action at EU level is possible.
Background
Access to justice in environmental matters is an international obligation resulting from the Aarhus Convention on access to information, participation in decision making and access to justice in the field of the environment, signed by the EU in 2005. The Commission presented a draft directive in 2003 - COM(2003)624 - on access to justice in environmental matters to regulate aspects such as the right to bring cases concerning the environment before courts (identification and criteria of rights holders), but a decade later, discussions with the Council and European Parliament are still stalled. This question has been included among the priorities of the Seventh environment action programme 2014-2020'.
