" On March 13, the amendment to the Upper Austrian Nature Conservation Act is to be decided in the Upper Austrian Landtag. The complaint environmental rights advocacy should be significantly degraded . With the new § 43a, complaints will have no automatic suspensive effect unless permission is granted by the contested decision . Thus would fundamental rights by the environmental lawyer - nature conservation procedures essential for meeting the objective of environment right party –be cut and legal situations created that clearly contradict international environmental law and European law "says Gerhard Heilingbrunner , honorary president of the environmental umbrella organization .
Legal protection for environmental organizations: Austria Europe taillight
Austria is, according to studies by the EU Commission, already Europe taillight, when it comes to the granting of legal protection to environmental organizations. Any further restriction of court access entails the risk of further infringement proceedings against the Republic of Austria . The continuous withdrawal of automatic suspensive effect of appeals is from a constitutional point of view extremely alarming and additionally illegal abolition of effective judicial protection creeps.
[…]
Gross violation of international law and Union law requirements is unacceptable.
[…]
“The Upper Austrian Nature Protection Act to come is such a gross violation of international law and Union law requirements, it is a Scandal. The Umweltdachverband therefore calls for the activity proposed by the amendment to be immediately taken back , " concluded Heilingbrunner.
