Resources 'Article 9: Access to Justice'
Public access to information in decision-making procedure on specific activities serving national defence purposes.
Criteria for ENGO standing - The criteria in law for ENGO standing must be read generously order to comply with the international obligations on access to justice in environmental matters.
Standing for individuals - Individuals must have the possibility to challenge each step in environmental proceedings which are decisive in the decision-making, even on issues that relate merely to…
Standing of environmental non-governmental organizations – Procedural law shall be interpreted in order to give the public concerned broad opportunities to challenge in court decisions on forestry.
Access to justice - private parties cannot rely on article 9, para. 3, of the Convention in order to challenge the legality of EU acts before the General Court or the Court of Justice.
United Kingdom - Supreme Court - Ambient Air Quality case (C-404/13) - Summary with link to judgment
ENGO standing in a case regarding UK compliance with EC Directive on ambient air quality.
ENGO standing – The open criteria in national procedural law must be read so as to enable ENGOs to challenge in court decisions on the hunt of wolves, which is a species protected in law.
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 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…
Costs - The Court of Appeal established guidelines for the judge’s discretion as to cost recovery from an unsuccessful claimant in public law cases, particularly with regard to preparation costs.
