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Belgium / EU Forum of Judges for the Environment - Constitutional Court of Belgium

Main objectives: How the Aarhus Convention has brought international and European environmental law to the Court.

 

Implementation: More and more references to the Aarhus Convention in the case law.

 

Result: The Aarhus Convention has brought international environmental law into our courtroom. Apart from the Human Rights Conventions and the European Union Treaties (and their predecessors), the Belgian Constitutional Court had only dealt with international law from time to time.  Since its judgment N° 135/2006 of 14 September 2006, the first in which the Court referred to the Aarhus Convention in a review of the constitutionality of legislation, almost all provisions of the Aarhus Convention have been referred to in nearly 50 judgments. Along with the Human Rights and EU Treaties, the Aarhus Convention has become one of the most popular treaties in our Court, and is often referred to in conjunction with European environmental Directives and Regulations. It has thus become a living legal instrument that contributes in a significant way to the enforcement of international and European environmental law in our Court.

 

Why do you think this example shows how the Aarhus Convention made a difference in your country?

It has brought international and European environmental law into our courtrooms on a daily basis.

 

Country/countries, region:
Resource convention articles:
Languages:
English
Year:
2018
Publisher:
UNECE
Date published:
13-07-2018
Average Rating: * | Votes: 0

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