Aarhus Convention archive
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.
Following the Aarhus Convention Compliance Committee’s findings that the EU is in breach of the access to justice provisions of the Aarhus Convention, the EU Council adopted a decision to merely “take note” of the findings, rather than endorse them,
The ACCC confirms public participation obligations regarding the construction of a nuclear power plant in a transboundary context
The construction of nuclear power plants in a transboundary context require the government of the country of origin to ensure participation of the public concerned in its own territory as well as that of the neighbouring countries affected.
Aarhus Convention Compliance Committee confirms that access to courts to challenge wind turbine permits cannot be dependent only on distance
The Aarhus Convention Compliance Committee has ruled that access to courts to challenge wind turbine permits cannot be dependent only on the distance from the complainer’s property.
The EU’s proposal not to adopt the UN’s findings that it is breaching international law by blocking EU court access in environmental matters has been rejected.
ClientEarth and WWF Greece have filed a complaint against the Greek state for violating an international agreement by effectively making it impossible to challenge unlawful permits for many of the country’s coal-fired power plants.
A coalition supported by ClientEarth has called on the European Commission to protect access to justice in Bulgaria in the face of new proposals from the country’s ruling party.
A new UN report has attacked the UK’s record on court access for people bringing environmental cases.
The UK government faced conservation and environmental groups in the High Court yesterday, after they challenged new rules that make it harder for people and charities to bring legal cases to protect the environment.
The EU Council of Ministers has dismissed a proposal by the Commission to reject a UN committee’s finding that it is breaching international law.
Environmental Democracy lawyer Anne analyses the Commission’s long-awaited guidance on access to justice in environmental matters.
A judge has fast-tracked ClientEarth, Friends of the Earth and the RSPB’s case over new environmental justice rules.
The Compliance Committee has confirmed that the EU is breaching the access to justice provisions of the Aarhus Convention by preventing individuals and NGOs bringing cases in EU courts.
The European Union is breaching the law by stopping individuals and campaign groups taking environmental cases to court.
The European Investment Bank is being investigated for maladministration, after the European Ombudsman sent a formal letter opening the case this week following a complaint by ClientEarth, CEE Bankwatch Network and Counter Balance.
New rules coming into force today will make it virtually impossible to bring a public interest case to protect the environment, so ClientEarth, Friends of the Earth and the RSPB have started legal proceedings against the Lord Chancellor and Secretary of State for Justice.
This review covers information about how European institutions, member states and others are applying laws and regulations on access to information, public participation in decision-making and access to justice in environmental matters.
Court of Justice confirms NGO public participation and access to justice rights in the context of the Habitats Directive
Environmentalists working to protect brown bears in Slovakia have been granted the right to defend the animals’ habitats in courts – an important development for environmental groups across the EU,
New rules in environmental court cases will have a chilling effect on the UK justice system, making it harder to bring cases like ClientEarth’s challenge to the UK government over cancer-causing air pollution.
Draft findings of Compliance Committee – EU in violation of access to justice provisions of Aarhus Convention
This document explains the decision of the Aarhus Convention Compliance Committee, in which it said that the EU was in violation of the Convention for not providing access to the Court of Justice of the EU to members of the public.