Access to Justice archive
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.
Two interesting and very welcomed initiatives pushing for more access to justice in environmental matters have been initiated by “Brussels”.
The Council is considering relying on Article 241 TFEU to request the European Commission to propose to amend legislation on access to justice.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
In an interview with Legal Dialogue, two of our lawyers, Anaïs Berthier and Anna Heslop, speak about their work on access to justice and clean air.
Environmental law teams across ClientEarth are celebrating this morning following recognition at two major awards ceremonies last night, in multiple categories.
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.
Today’s victory means that claimants will no longer have to expose their private financial details in open court when applying for judicial review.
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.
Government suffered a humiliating defeat in the House of Lords last night when peers voted in favour of Lord Marks’ regret motion on new cost rules for environmental cases.