Resources 'Article 2: Definitions'
Public concerned and omission by public authority – A decision of a supervisory authority not to apply for the revocation or updating of a permit (a so-called 0-decision) can be appealed and its…
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.
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 (…
The definition of the public concerned – Individuals living 5 km from an incineration plant and thus at risk of being affected by air pollution were allowed to appeal the permit decision for that…
The definition of public concerned (neighbours) – Neighbours cannot appeal decisions which only concern the public interest as their individual interest is not affected.
NGO standing (art. 2, 6 and 9) - National legislation could not limit standing for non-governmental organizations promoting environmental protection to organizations having at least 2000 members.
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…
NGO standing (art. 2, 6 and 9) - National legislation cannot limit the opportunity to appeal decisions likely to have significant effects on the environment to those alleging impairment of an…
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…
NGO standing – National environmental organisation, although not officially inserted in the list of recognized entities under the law, can be granted access to justice, on the basis of the discretion…
