Effective remedies – Do they exist?

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Presentation transcript:

Effective remedies – Do they exist? Jan Darpö Faculty of Law Uppsala Universitet Task Force Meeting, Geneva 2007-09-10

“Adequate and effective remedies, including injunctive relief” Three pillars “Adequate and effective remedies, including injunctive relief” (Art. 9.4) “Public participation cannot be effective without (…) enforcement, through access to justice under the third pillar.” (Implementation Guide p. 85) jajaja

Environmental “interests” Future gene- rations Public Courts NGOs Supervisoryauthority Public concerned

Permit-procedures The appeal and suspensory effect Administrative appeal or judicial review? Are all actors/interests treated equally? Time-aspects…

On-going activities Is the authority obliged to take a decision? Are zero-decisions appealable? Legality-control or the full case on the merits and the result of the appeal? Can PC go directly to court?

Restoration and sanctions Damages only for own interest or on behalf of the environment? Who can trigger administrative enforcement? Public or private prosecution?