“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.

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.

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.

scholarly journals Digital citizens’ participation right in defense of the environment

2021 ◽  
pp. 326-339
Author(s):  
Maria Ortiz
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
Access To Justice ◽  
Access To Information ◽  
The European Union ◽  
United Nations Economic Commission ◽  
National Regulation ◽  
Aarhus Convention ◽  
Participation In Decision Making ◽  
The Right

The Aarhus Convention of June 25, 1998, of the United Nations Economic Commission for Europe on access to information, public participation in decision-making and access to justice in environmental matters, introduced the commitment of each signing State to ensure, within the framework of its national regulation, that citizens could suit and appeal any decision, or any action or omission that falls within the scope of public participation regarding issues on environmental matters. Hence, citizens are entitled to appeal administratively and judicially against public environmental decisions if they invoke a legal infringement in relation to this issue. Access to justice for violation of the rights of public participation are set out in the same terms on Regulation (EU) number 1367/2006, of September 6, relating to the application, to the institutions and community bodies, of the provisions of the Aarhus Convention on access to information, public participation in decision-making and access to justice on environmental matters. Although the right of access is quite broad, it is not exempt from exceptions, such as those indicated on the Directive 2003/4/EC of the European Parliament and of the Council, of January 28, on public access to environmental information, which has recently been interpreted by the Court of Justice of the European Union on the Judgement (First Chamber) of January 20, 2021 in the Land Baden-Württemberg case (Communications internes). However, all this is not useful if citizens are not granted with the possibility of accessing to control judicially administrative decisions that do not comply with environmental policies with the same extension, because the opportunity for any citizen to be entitled to effectively control these actions is being excluded. This paper aims to analyze the extent of the right of citizens to participate digitally in public decision-making of an environmental nature, and determine if such right is consistent with the possibilities of access to justice in this matter, since only through judicially control of the administrative decisions it is possible to make the participation right effective.

Access to documents: Interaction and gaps in the REACH and Aarhus Convention systems

elni Review ◽  
2011 ◽  
pp. 15-20
Author(s):  
Vito Buonsante
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
European Parliament ◽  
Official Journal ◽  
Access To Justice ◽  
Access To Information ◽  
Community Institutions ◽  
Aarhus Convention ◽  
Access To Documents ◽  
The Eu

Regulation (EC) 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) was published in the Official Journal on 30 December 2006 and came into force on 1 June 2007. Regulation (EC) 1367/2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community Institutions and Bodies entered into force on 28 September 2006 and became applicable on 28 June 2007. This article discusses the gaps in REACH in relation to the Aarhus Regulation, and the obligations for ECHA that derive from the application of REACH and from the fact that the EU is a party to the Aarhus Convention. The article also carries out a partial assessment of the work conducted by ECHA on access to and dissemination of environmental information.

Transnational Access to Environmental Information

2012 ◽  
Vol 1 (1) ◽  
pp. 95-104 ◽  
Author(s):  
Ludwig Krämer
Keyword(s):  
Decision Making ◽  
Environmental Information ◽  
Access To Justice ◽  
Access To Information ◽  
Legal Provisions ◽  
Aarhus Convention ◽  
Clean Environment ◽  
Scope Of Application ◽  
Procedural Rights ◽  
Right Of Access

AbstractThis paper traces back the efforts, in particular in Europe, to promote transnational legal provisions which grant a right of access to environmental information. Initiatives in the 1970s failed to establish a fundamental right to a clean environment. However, the establishment of fundamental procedural rights of access to information, participation in decision-making and access to justice in environmental matters has been more successful – culminating in the 1998 Aarhus Convention. This paper describes the – until now unsuccessful – attempts to extend the territorial scope of application of the Aarhus Convention to non-European countries and regions, and ultimately the conclusion of a global convention on access to environmental information.

The Aarhus Convention in Practice: Challenges and Perspectives for German Environmental Authorities

2019 ◽  
Vol 16 (4) ◽  
pp. 372-385
Author(s):  
Dr. Ulrich Gieseke
Keyword(s):  
Decision Making ◽  
Environmental Law ◽  
High Capacity ◽  
Organizational Structures ◽  
Access To Justice ◽  
Environmental Decision Making ◽  
Aarhus Convention ◽  
Extended Access ◽  
High Level ◽  
Environmental Administration

The Aarhus Convention aims to democratize environmental decision-making. Since its adoption 20 years ago, the Aarhus Convention has led to a fundamental change in German environmental administration. This article explores the administrative capacities, organizational structures and enforcement requirements, identifies challenges for environmental authorities and outlines prospects for better implementing the Aarhus Convention. The main challenges are: extended responsibilities for authorities, greater complexity of environmental decisions, increased transparency, more external communication, stricter procedural requirements, extended access to justice and the reduction of enforcement deficits. The success of the Aarhus Convention largely depends on high-capacity administration, which adapts its way of decision-making to these challenges. In addition, substantive environmental law is the foundation upon which the three pillars of the Aarhus Convention rest. Therefore, this article argues that legal instruments and a high level of substantive environmental law are essential for environmental authorities to achieve effectively the objective of the Aarhus Convention.

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.

Sign in / Sign up

Export Citation Format

Share Document