When Aarhus meets with the Principle of legal protection in EU law …

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Presentation transcript:

When Aarhus meets with the Principle of legal protection in EU law … Presentation at 9th Meeting of the Task Force on Access to Justice, Geneva 14-15 June 2016 Professor Jan Darpö Faculty of Law Uppsala Universitet Intro: Research interests: contaminated land, biological diversity and access to justice. Chair of the TF on A2J under the AC…

Wolf Controversies Strict protection under Bern Convention and EUs Habitats Directive… Re-established in Scandinavia, around 350 animals today, fierce conflicts…

Swedish Wolf Hunt 2010 & 2011; license hunt, no ENGO standing… 2012; EU Commission’s action = No hunt… 2013; License hunt, but standing according to Slovak Brown Bear (C-240/09), decision quashed… 2014; Quashed again…

The ”Appeals Ban” 2015; From regional level to SEPA, but no further. Article 9.3 AC; ”administrative procedures”, ENGOs appealed to court… HFD 2015-12-18 in case No 312-15 Legal principles of Union law includes legal protection in court; Art 4(3) & Art 19(1) 2nd para TEU, Art 47 European Charter… C-240/09 & C-115/09:…to the fullest extent possible to allow ENGO standing, but here NOT…

HFD about the P of legal protection Principle of “useful effect” (effet utile”) means that a court must have the possibility to check whether a national authority has acted according to clear and unconditional obligations according to a directive and – if not – can disapply conflicting national rules (C-127/02 p 66, C-263/08 p 45)… Thus have ENGOs “rights” according to the Habitats Directive, which must enjoy judicial protection… …in a court according to Article 267 TFEU…

….and finally…    THANK YOU FOR LISTENING..! http://www.unece.org/env/pp/tfaj/jurisprudenceplatform.html   

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