Chris Backes Mariolina Eliantonio Franziska Grashof To legislate or not to legislate? Rethinking the “effective protection of environmental rights” in the Union: reflections on different methods to improve the system of environmental litigation I changed the title to match with the paper Chris Backes Mariolina Eliantonio Franziska Grashof

Agenda The benchmark The status quo The ways to improve

The benchmark (“in an ideal world”) Access Conduct of proceedings Remedies

The benchmark (“in an ideal world”) Access Individuals whose legal position is affected should have standing NGOs should have standing “Reasonable” time limits “Reasonable” costs

The benchmark (“in an ideal world”) Conduct of the proceedings Power to raise ex officio points of EU law Technical know how Power to use of all necessary means of evidence “Adequate” intensity of review

The benchmark (“in an ideal world”) Remedies Annulment Injunctions Penalties for non-compliance Dispute settlement powers Interim relief

State of the art Standing Ex officio Technical know how Intense regulation Ex officio Medium regulation Technical know how No regulation

Standing Aarhus Convention, EU secondary law, EU case law Quite some knowledge of national application Divergences remain Application of Art. 9 (3) AC not ensured! Deficiencies remain Piece-meal convergence

Ex officio Standards vague Derivable from Aarhus Convention? Limited knowledge national application Effective judicial protection not ensured

Technical knowledge National application: not much known Very diverse solutions possible Effective judicial protection ensured?

The way forward New directive Enhance knowledge of national application European discourse Guidances, best practices CJEU (infringement proceedings, preliminary questions) Codification of case law in Directive New directive

Way forward: standing Darpo et al; Faure et al.: new Directive on Art. 9 (3) AC It would go beyond scope of 9 (3) AC! Alternative: Directive codifying case law European discourse and guidances Infringement proceedings

Way forward: examples on ex officio Enhance knowledge of national application Change of case law CJEU? Part of new Directive?

Way forward: examples on technical knowledge Enhance knowledge of national application Best practices Guidances