| UN says EU Courts must mend access to justice rules to meet international law |
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15 March 2011 | Press release The EU must overhaul rules preventing access to its courts to ensure compliance with international law, an authoritative international body has stated today. Draft findings published by the Aarhus Convention Compliance Committee conclude that unless access to justice rules in environmental matters are reviewed, the EU courts will be in breach of the convention, which it ratified in 2005. The findings relate to a case brought in December 2008 by leading environmental law organisation ClientEarth. The Aarhus Convention grants citizens rights to access to the courts on environmental issues. However, in practice no NGO or individual has ever been granted standing on these issues in European Courts. This has prevented the decisions of the EU institutions from being scrutinised or challenged by civil society. ClientEarth highlighted this failing in a case brought before the convention’s compliance committee, which today agreed that the EU institutions must “take steps to overcome the shortcomings reflected in the jurisprudence of the EU courts in providing the public concerned with access to justice on environmental matters.” The committee also asserts that the decisions to deny access to the courts that were highlighted in ClientEarth’s case, were they to be repeated from today, would be illegal under international law. This conclusion reinforces the necessity for change. James Thornton, CEO of ClientEarth, says: “For too long the EU has interpreted the rules governing access to the courts in a way that closes the door on its citizens and green groups. Today the UN has rejected that interpretation and supported ClientEarth’s call for change. Its recommendations should prove groundbreaking for anyone seeking to protect the environment in the EU’s courts. The concerns of those protecting the planet and its people must not be sidestepped.”ClientEarth and the EU (represented by the European Commission) will be given the opportunity to respond to the draft findings before the committee finalises its recommendations next month. ENDSNotes to editors Former UN Secretary-general Kofi Annan called the Aarhus Convention ‘the most ambitious venture in the area of environmental democracy so far undertaken under the auspices of the United Nations”. The Aarhus Convention Compliance Committee intends to finalise its recommendations at its 32nd meeting in Geneva, 11-14 April 2011.
A copy of the committee’s draft findings is attached to this email.
Media contact Mike Haines | Communications officer | ClientEarth t. +44 (0) 207 749 5978 | m. +44 (0) 7841 918 770 | e. This e-mail address is being protected from spambots. You need JavaScript enabled to view it ClientEarth ClientEarth is an environmental law organisation working in the public interest. Based in Europe and operating globally, we address issues including deforestation, energy efficiency, biodiversity protection, and the transparency and enforcement of environmental law. www.clientearth.org
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