Resources Keyword 'Array'
Access to environmental information for professional associations.
Environmental information and public participation - The right to live in favourable environment; access to justice granted to individuals before the Constitutional Court contesting the violation of…
Review procedure and costs (art. 2, 6 and 9) – The ECJ found that the EIA for a private road development damaging a coastal wetland was in compliance with EU Directive 85/337/EEC. However, on the…
Costs – The Court of Appeal endorsed the flexible approach adopted in the cases of Compton and Buglife and considered that, in principle,there would be no barrier to the granting of a Protective Cost…
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.
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.
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…
Costs – The Court of Appeal held that the need for the claimant to have no “private interest in the outcome of case” (one of the “criteria” established in the Corner House case), is not decisive when…
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…
