Citizen’s Rights in European Environmental Law: Stock-Taking of Key Challenges and Current Developments in Relation to Public Access to Information, Participation and Access to Justice

2012 ◽  
Vol 9 (1) ◽  
pp. 71-90
Author(s):  
J. Jendrośka
Keyword(s):  
Environmental Law ◽  
National Level ◽  
Legal Framework ◽  
Public Access ◽  
Access To Justice ◽  
Access To Information ◽  
Aarhus Convention ◽  
Compliance Mechanism ◽  
Implementation Problems

The article aims to provide a short overview of the current situation regarding public access to information, participation and access to justice in Europe. The article briefly presents the role of the Aarhus Convention and its compliance mechanism in shaping the respective legal framework at both national level and EU level. On that basis it summarises some key challenges and implementation problems respectively in relation to public access to information, participation and access to justice.

“Unlocking Legal Gridlock in High-Income Countries: How Excessive Litigation Hampers Growth and Harms Democracy”

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Christian Rasquin
Keyword(s):  
Decision Making ◽  
Interest Groups ◽  
Environmental Law ◽  
High Standard ◽  
Standard Of Living ◽  
Access To Justice ◽  
Access To Information ◽  
European Law ◽  
Public And Private ◽  
Aarhus Convention

Abstract The paper focuses on rules of standing in the context of environmental law. With the implementation of the Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters (Aarhus Convention) in European law, interest groups have become major players in the enforcement of environmental regulations. Although such interest groups can help to reduce enforcement deficits, their involvements create the risk of regulatory gridlock, with excessive litigation lengthening approval processes which can discourage investment in public and private infrastructure. The paper discusses the implementation of the Aarhus Convention in Germany, highlights ways to overcome administrative gridlock and facilitate effective approval procedures. If implemented, these strategies will enable Germany’s economy to remain competitive, supporting the maintenance of the country’s high standard of living and strong welfare state.

Article 9.2 of the Aarhus Convention and eu Law

2014 ◽  
Vol 11 (4) ◽  
pp. 367-391 ◽  
Author(s):  
Jan Darpö
Keyword(s):  
Decision Making ◽  
Environmental Law ◽  
Access To Justice ◽  
Environmental Decision Making ◽  
Aarhus Convention ◽  
Key Issues ◽  
Important Means ◽  
Judicial Protection ◽  
Environmental Decision

One important means for the implementation of the third pillar of the Aarhus Convention into eu law is the provisions on access to justice in the eia Directive (2011/92). The case-law of the cjeu on those provisions has developed rapidly in the last couple of years. This body of cases has given the concept “access to justice in environmental decision-making” a new meaning and improved the understanding of the requirement for judicial protection under eu environmental law. The aim of this article is to highlight this development and discuss a couple of key issues on access to justice. First, the relationship between “direct effect” and the individuals “rights” and the principles of effectiveness and judicial protection according to eu law is analysed. Thereafter, the meaning of “substantive and procedural legality” and the distinction between general and personal interests in relation to individual’s standing are discussed. The next issue concerns the role of environmental non-governmental organisations. Finally, the concept “courts or tribunals” in environmental decision-making procedures is considered.

Patient Autonomy, Capacity, and Consent

2020 ◽  
Author(s):  
Mary Donnelly ◽  
Jessica Berg
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Legal Framework ◽  
National Standard ◽  
Legal Principles ◽  
Key Issues ◽  
Human Rights Norms ◽  
Law And Legislation

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.

scholarly journals SEPARATE ISSUES OF LEGAL REGULATION OF REGIONAL LEGISLATION

ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Legislative Process ◽  
Constitutional Court ◽  
Theoretical Approaches ◽  
Moral Attitudes ◽  
Implementation Problems

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.

scholarly journals Witness protection in the criminal justice system of the Baham

2020 ◽  
Vol 12 (1) ◽  
pp. 167-194
Author(s):  
David Baxter Bakibinga
Keyword(s):  
Criminal Justice ◽  
National Level ◽  
Legal Framework ◽  
The Bahamas ◽  
Protection Measures ◽  
Policy Makers ◽  
Criminal Justice Systems ◽  
The Government ◽  
Aid Policy

Witness protection is now firmly entrenched in the modern criminal justice systems especially in jurisdictions dealing with organized and violent crime. The decision by the government of The Commonwealth of The Bahamas to enact legislation in respect to procedural and non-procedural measures for protection of witnesses is commendable, given that violent and organized crime is rife in the country. This article highlights the basic tenets of witness protection and the legal framework, both at the international and national level. It also addresses the role of key duty bearers in the process of witness protection. Furthermore the procedural and non-procedural measures taken by law enforcement officers in The Bahamas are explored. And lastly, the challenges encountered in the implementation of the witness protection measures in The Bahamas are examined. This is intended to aid policy makers, advisers and those entrusted with decision making, like parliamentarians, to devise means and ways to eradicate and/or mitigate challenges faced in the implementation of witness protection measures in The Bahamas.

The Aarhus Convention and Polish Regulations Concerning Parties to Proceedings for Issuing the eia Decisions

2021 ◽  
Vol 18 (1-2) ◽  
pp. 56-76
Author(s):  
Magdalena Michalak ◽  
Przemysław Kledzik
Keyword(s):  
Environmental Law ◽  
Legal Order ◽  
Access To Justice ◽  
United Nations Economic Commission ◽  
The Public ◽  
Law And Policy ◽  
Economic Commission ◽  
Aarhus Convention ◽  
Key Issues ◽  
Environmental Law And Policy

Abstract The United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters was adopted on 25 June 1998 in the Danish city of Aarhus. According to its provisions each state Part shall, within the framework of the national legal order, ensure that members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law. At the same time, it contains regulations specifying the criteria that constitute the basis for determining persons enjoying rights to access justice with respect to national legal orders. Poland, being one of the state Parties, introduced into national legal order special provisions enabling implementation of the Aarhus Convention, including regulations concerning parties to proceedings in environmental matters. The aim of the study is to analyse and assess these regulations in the light of the requirements adopted in the Aarhus Convention and to formulate general conclusions in the field of key issues of the international and European environmental law and policy.

Role of Advocates in Administration of Justice

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
S. S. Upadhyay
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Access To Justice ◽  
Special Relationship ◽  
The Public ◽  
Moral Standards ◽  
Administration Of Justice ◽  
Relationship Of

Lawyers play an important part in the administration of justice. The Profession itself requires the safeguarding of high moral standards. As an officer of the Court the overriding duty of a lawyer is to the Court, the standards of his profession and to the public. Since the main job of a lawyer is to assist the Court in dispensing justice, the members of the Bar cannot behave with doubtful scruples or strive to thrive on litigation. This paper deals in Legal framework of duty and liability of advocate supported with Judicial Pronouncement. The main emphais on special relationship of bar bench and agreed and persons of the society for protection of their human rightrs. Legal community and advocates are inseparable and important part of robust legal system and they not only aid in seeking access to justice but also promote justice. Judges cannot perform their task of dispensing justice effectively without the able support of advocates. In that sense, advocates play an important role in the administration of justice.

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