Resources 'Article 9: Access to Justice'
Costs – The first case in which the Court of Appeal expressed concern about the high legal costs incurred by claimants in environmental litigation. The Court remarked that this may be a potent factor…
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…
Access to environmental information for professional associations.
NGO standing - The special protection of the environment given by art. 45 of the Spanish Constitution, and the broad and collective interests and protections on Spanish citizens require a wide scope…
Public participation and costs – The Administrative (High) Court found it necessary to take a different approach to the general rule that costs follow the event in line with the Sullivan Report (…
Costs – The leading Court of Appeal case concerning the granting of Protective Costs Orders (PCOs), in which a claimant seeks to limit his or her exposure to the defendant's legal costs. The Court…
The High Court accepted that the criterion established for the granting of Protective Costs Orders (PCOs) in the Corner House case must in environmental cases be applied flexibly and in the light of…
Access to justice for NGOs - Environmental NGOs are entitled to bring an action in order to be awarded environmental damages, also in criminal proceedings when they represent environmental interests…
NGO standing (Art. 2 and 9) - The concept of ”environmental interest” should be interpreted in a wide sense according to Italian law, including the historical and artistic value of buildings.
