Resources Keyword 'Array'
Individuals cannot challenge the legality of Governmental decisions by a separate action for annulment in administrative court. However, individuals can challenge the legality of Government’s…
Standing for Environmental NGOs - the Supreme Court of Belgium changed its position on standing in criminal cases in view of implementing article 9, paragraph 3, of the Aarhus Convention, allowing an…
In order to have standing in a case concerning a construction permit, the applicant has to how that the planned construction will have significant adverse effect on the environment.
Rights of ENGO’s in Criminal Proceedings.
Public concerned and omission by public authority – A decision of a supervisory authority not to intervene in a certain activity (a so-called 0-decision) can be appealed and its substance can be…
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 (…
Public concerned and omission by public authority – A decision of a supervisory authority not to intervene in a certain activity (a so-called 0-decision) can be appealed and its substance can be…
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.
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…
Appeal against a cantonal decision of shooting protected birds in order to regulate their population; access to justice – a decision by public authorities that may have an impact on nature protection…
