The newsletter is part of ClientEarth and Justice & Environment’s project to raise awareness among legal professionals on access to justice, funded by the European Commission’s LIFE programme.
In this Opinion, Advocate General Sharpston provides several interesting insights into the relationship between Article 9(2) and (3) of the Aarhus Convention, and in particular the extent to which Article 9(3) can be relied on by environmental NGOs to participate in administrative procedures and challenge their outcome. She finds that environmental NGOs must have access to court to challenge a competent authority’s acts adopted in a procedure pursuant to laws implementing the Water Framework Directive, and have the opportunity to participate in the administrative procedure at an early stage. Read the full analysis by Maximillian Kemp.
About this project
The project aims to improve the implementation and enforcement of EU environmental law by providing the public with effective access to justice, such as judicial review, administrative review and complaints to other appeal bodies.
Access to justice is a fundamental means through which the public and NGOs can support the implementation and enforcement of laws and policies to protect the environment.
In order to reach this long-term goal, the project aims to:
- Increase awareness of existing rules and case-law on access to justice in environmental matters for specific target audiences – the judiciary, bodies responsible for the administration of justice, public interest lawyers and public administrations;
- Increase understanding of the importance of ensuring proper access to justice for the implementation of EU environmental laws and policies;
- Increase understanding of specific challenges and obstacles to proper access to justice in environmental matters both at national and EU level; and
- Increase knowledge and capacity for overcoming legal (both substantial and procedural) challenges and obstacles to effective access to justice in the environmental field.
This newsletter targets legal professionals working in environmental law – the judiciary, bodies responsible for the administration of justice, public interest lawyers and public administrations. It will provide in-depth legal analysis of developments affecting access to justice in EU and national law. It covers:
- case law of the Courts of Justice of the EU,
- case law of the European Court of Human Rights
- significant developments to EU and national legislation
- decisions of the EU Ombudsman
- significant judgments of national courts and decisions of national ombudsmen.
We hope that you will find it useful!
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More information can be found on the project’s webpage.