Aarhus Convention archive
In a European first, environmental lawyers are taking the European Investment Bank (EIB) to the EU’s highest court for refusing to apply crucial environmental scrutiny to its funding decisions.
The Court of Justice of the EU has ruled that the Commission was right to reject a request for internal review from the NGO Mellifera regarding the authorisation of glyphosate.
New laws are part of an “alarming trend” towards the restriction of people’s environmental rights, say legal experts.
Thirty-six individuals and one youth organisation have filed an application for annulment with the EU’s General Court claiming that EU legislation on greenhouse gas (GHG) emissions is unlawful because it fails to prevent climate change.
In a landmark judgment for participatory democracy, Europe’s top court has ruled in favour of ClientEarth lawyers in a long-running case for greater transparency in the European Union.
President cites “drastically increased fees” and warns of major threat to Bulgarian democracy.
Find more about the EU Council’s decision on Aarhus, Hungarian ruling on access to justice and EU Ombudsman’s decision on State aid matters…
Hungarian court rules that no one can be deprived of their right to a legal remedy if they had no reasonable way to know about an administrative act.
In a disappointing decision, the EU Ombudsman has confirmed the EU Commission’s interpretation of the State aid rules that only competitors can have the status of “an interested party”.
Council of the EU asks the Commission to comply with access to justice provisions of the Aarhus Convention
The European Council has requested the Commission to submit a study on the Union’s options to explore ways and means to comply with the Aarhus Convention.
ClientEarth applauds rebellion against European Council’s shocking lack of access to justice ambition
ClientEarth lawyers are backing the rebellion of several member states that are calling for greater EU ambition on access to justice in environmental matters.
The welcome push for the European Commission to obey a vital international environmental treaty could be unacceptably delayed due to the unambitious deadline set by the Council.
ClientEarth and EEB call on EU Environment ministers to improve access to justice for the public at EU level
In an open letter sent on April 10 to EU environment ministers gathered in Bulgaria, ClientEarth and the EEB call on the EU to comply with the Aarhus Convention, the UN’s flagship treaty on environmental democracy.
The Council is considering relying on Article 241 TFEU to request the European Commission to propose to amend legislation on access to justice.
High hopes for improved public access to EU courts after talks at a meeting of the Council of the EU.
The Commissioner for consumer affairs of the European Commission recently announced that the Commission will publish a proposal for a directive on group actions for consumers, in order to improve access to justice. We hope it can also include provisions on access to justice in environmental matters.
On 13 December 2017 the Administrative Court of Schleswig Holstein handed down judgment in a case on access to justice for NGOs decided under the newly amended Environmental Appeals Act 2017. Following the entry into force of the amendment in August last year, legal discussions on its scope continue.
Europeans should be able to bring environmental cases to court more easily in future, as ClientEarth and Justice and Environment have jointly launched the “Access to Justice for a greener Europe” (A2J EARL) project.
The Court of Justice ruled that environmental NGOs must have the right to participate in water permit proceedings and to challenge them before courts.
Developments on Access to Justice in 2017: focus on Austria, Germany, Estonia, Hungary, Slovakia and Spain
As 2018 has just begun let’s step back a little and see how the situation on access to justice in environmental matters developed last year, focussing on six (out of eight) European member states involved in the “Access to Justice for a greener Europe” project : Austria, Germany, Estonia, Hungary, Slovakia and Spain.
European Economic and Social Committee call for full implementation of access to justice obligations by Member States and the EU
The European Economic and Social Committee (EESC) has issued an opinion on the Commission’s Communication on Access to Justice in Environmental Matters. The Opinion makes a number of strong recommendations to the EU institutions and the Member States regarding the implementation of the access to justice pillar of the Aarhus Convention.
The Greek government has breached an international agreement by denying the public their right to be informed of and participate in decisions concerning coal-fired power plants.
European Parliament calls on the Commission to propose legislation on Access to Justice in Member States and the EU
On 15 November, the European Parliament adopted Resolution 2017/2819 calling on the Commission to ensure better implementation of EU nature laws by proposing legislation on access to justice in Member States and the EU.
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.