Acess to justice and REMEDIES

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Presentation transcript:

Acess to justice and REMEDIES Jan Darpö Faculty of Law Uppsala Universitet

Three pillars Art. 9.4: “adequate and effective remedies, including injunctive relief” “Public participation cannot be effective without access to information, as provided under the first pillar, nor without the possibility of enforcement, through access to justice under the third pillar.” (Implementation Guide p. 85)”

Systematic approach and studies in detail “Criminal law is part of public law. Civil law is divided into public law and private law” McKenna-report 1996: Study of civil liability systems for remedying environmental damage, p. 4 (Denmark)

Environmental “cases” Future gene- rations NGOs Public Supervisoryauthority Public concerned

“Inside” the administrative system Adm appeal- body/tribunal Adm court Authority/ permit-body

“Inside” the administrative system Appeal from the public/parties/other Suspension/inhibition Legality or expediency (“on the merits”) Interests Result of appeal Finland; Germany; UK (England and Wales)

“Inside” the administrative system ON-GOING OR TERMINATED ACTIVITY Obligation for authority to act Passivity (“0-decisions”) Margin of appreciation Precautionary measures/adm measures Sweden;

The civil/criminal system court

Direct citizens’ action Court-order  operator Court-order  sup. authority Injunctions Economic compensation Criminal sanctions UK (England and Wales)

Key-issues Major and minor activities Media, disturbances, green/blue/brown Integrated or single approach Planning and preliminary decisions Local – regional – national Inquisitorial principle – civil procedure Permits Administration and courts

Remedies Suspension/interim injunction Permit/conditions EIA/Investigation Precautionary measures Stop activity Reparation

Remedies Administrative enforcement Execution Criminal sanctions Damages

Situations The IPPC-activity The planned high-way …individually or in combination… The junk-yard The saw-mill Burning cable…