Resources 'Article 9: 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…
Standing for an environmental NGO – The collective interest of an environmental NGO that is active in the region is sufficiently specialized and concerns land use planning,environmental protection…
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…
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…
NGO standing (Art. 2, 7 and 9) - Legal standing of environmental associations and environmental interests affected by entrusting external subjects with building duties.
The question arises if the Aarhus Convention and the European Directives to implement the Convention are applicable or not to a permit that is ratified by Parliament given that the definition of “…
Costs - The Court of Appeal upheld a High Court costs order for the unsuccessful claimant (Mr Littlewood) to reimburse the defendant up to a maximum of £50,000 on the basis that the figure did not…
Further to a reference for a preliminary ruling, the Court ruled that "Article 9(3) of the Aarhus Convention does not have direct effect in EU law. It is, however, for the referring court to…
Costs – The Court of Appeal established guidelines for the level of“reciprocal costs caps” for claimants in relation to the granting of Protective Cost Order (PCO). The Court rejected the notion that…
Public participation and omissions by public authorities (Art. 6, 7, 8 and 9) – The obligation to create a National Council of the Environment for public participation according to Italian law is not…
