Access to Justice archive

  • ClientEarth helps build system for public interest cases by Chinese prosecutors

    Prosecutor cases are urgently needed to ensure that local governments abide by their legal environmental responsibilities.

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    Access to justice update from ClientEarth and Justice and Environment

    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…

  • EU Ombudsman’s decision reinforces lack of access to justice in State aid matters

    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”.

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    China launches unprecedented judge training for environment cases

    ClientEarth and the Supreme People’s Court in China have this week coordinated an unprecedented training programme for judges on environment cases.

  • 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.

  • EU delays compliance with international environment treaty

    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.

  • Access to justice update from ClientEarth and Justice and Environment

    Find more about the anniversary celebrations of the Aarhus Convention, European cities going to Court against the Commission, CJEU decision on a letter from ECHA to France…

  • It is time for the EU to amend the Aarhus regulation to comply with international law

    In this article, we provide our answer to the EU Commission’s public consultation on access to justice. Amending the Aarhus Regulation is the only means available to bring the EU into compliance with its international law obligations.

  • 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.

  • Supreme Administrative Court of Poland denies local resident the right to challenge air quality program

    In January 2018 the Supreme Administrative Court of Poland upheld the decision of the Regional Administrative Court denying standing to a resident, to challenge the air quality program adopted by the Silesian Regional Assembly.

  • New initiatives on access to justice from Brussels

    Two interesting and very welcomed initiatives pushing for more access to justice in environmental matters have been initiated by “Brussels”.

  • The Council, the new “guardian of the EU Treaty”

    The Council is considering relying on Article 241 TFEU to request the European Commission to propose to amend legislation on access to justice.

  • Call for release of environmental activists jailed over protesting on toxic spill in Vietnam

    ClientEarth is joining the United Nations experts call to release individuals jailed for protesting against a discharge of toxic industrial chemicals into coastal waters of Vietnam.

  • Discussions in Brussels could lead to improved environmental democracy

    High hopes for improved public access to EU courts after talks at a meeting of the Council of the EU.

  • Dieselgate: “Nobody in the EU is thinking of compensating the environment”

    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.

  • C-664/15 Protect: CJEU rules NGOs must have access to justice in water law proceedings

    In a landmark judgment, the European Court of Justice ruled that environmental NGOs must have access to justice in water law proceedings. This case represents a huge breakthrough for access to justice rights in environmental matters in Austria, which have to date been extremely restrictive.

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    Belgian court provides opportunity to set binding precedent on the right of the public to enforce air quality monitoring rules

    The Court of First Instance of Brussels issued an interim judgment in the clean air case that ClientEarth is pursuing against the Brussels Regional government.

  • German NGO refused standing to challenge passenger car type approval

    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.

  • New project will help Europeans go to court to protect the environment

    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.

  • 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.

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    New legal complaint alleges Greek government failed to consult public over emissions

    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.

  • The challenge of challenging air quality programs in Poland – The Silesian air quality program and the issue of standing

    In February 2016, a resident of the town of Rybnik located in the region of Silesia, Poland, demanded that the Silesian Regional Assembly amend the air quality program it had adopted in 2014 for the region of Silesia.

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    Highest administrative court grants access to justice and upholds right to clean air in France

    On 11 July 2017, the Conseil d’État ordered the French government to produce plans to achieve air quality limit values in the shortest time possible.