Standing for individuals (art. 2.5, 9.3) - Residents of a municipality are allowed to bring, on behalf of an inactive municipality, an action for cessation of building activities that harms the environment, even when they are based on an (illegal) building permit delivered by that same municipality. If these rules are interpreted in such a way that this right of“substitute action” cannot be used by individual citizens in cases in which a (by hypothesis illegal) permit was delivered by the same local authorities for the criticised activity that harms the environment, such an interpretation would create a difference in treatment between citizens that cannot be justified. Such an interpretation violates the principle of equality and non-discrimination enshrined in Art. 10 and 11 of the Belgian Constitution.
Belgium - Constitutional Court - Lenaerts c.s v 's Heerenbosch - Summary with link to judgment
Publisher:UNECE / Task Force on Access to Justice
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