Effective Justice? - Synthesis report in EC study on implementation of Art. 9.3 and 9.4 of the AC in 17 of the Union’s Member States; 2012 Presentation.

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Effective Justice? - Synthesis report in EC study on implementation of Art. 9.3 and 9.4 of the AC in 17 of the Union’s Member States; 2012 Presentation at the Sixth meeting of the Task Force on Access to Justice Geneva June 2013 Professor Jan Darpö Faculty of Law/ Uppsala Universitet

Jan Darpö Faculty of Law/UU | / Background Aarhus Convention signatories  EU: Article 9.2; PPD 2003, ELD 2004, etc. Article 9.3; EC Declaration, A2J proposal 2003… Case law CJEU  C-237/07 Janecek - “rights”  C-75/08 Mellor - investigation, omissions...  C-263/09 DLV – NGO standing  C-115/09 Trianel - NGO standing…  C-128/09 Boxus - parliamentary acts…  C-416/10 Križan – injunction  + pending: C-72/12 Altrip (PR from DE on scope of review) …and Janecek II…

Jan Darpö Faculty of Law/UU | / Aim of the study The situation of today as regards the implementation of Art 9.3 and 9.4… To give background knowledge and some ideas - further legislative action or not… 17 MS: BE, CY, CZ, DK, FR, DE, HU, IE, IT, LV, NL, PL, PT, SK, ES, SE and UK…+++ Experts: Academics, judges, lawyers… Other recent studies  Faure e.a (EC): Socio-economic implications…  Backes e.a (EP): Standing in administrative, civil and criminal law…  Ecologic Institute e.a (EC): Environmental complaint- handling in 10 MS…

Jan Darpö Faculty of Law/UU | / The questionnaire A. Legislation, decision-making, adm apeal and JR, the role of the courts… B. Standing for individuals and ENGOs... C. Suspensive effect, injunction, remedies, timeliness, ADR… D. Costs in the envtl procedure… E. 7 example situations… F. Conclusion, challenges…

Jan Darpö Faculty of Law/UU | / Different Procedural Systems Adm appeal- body/tribunal Authority/ Permit body General court Adm court

Jan Darpö Faculty of Law/UU | / Main outcomes Diverging, random and inconsistent… Compared with Milieu 2007; more lenient - more strict… No level playing field… Many obstacles and barriers… Differences depending on area of (community) law… The role of the national courts…

Jan Darpö Faculty of Law/UU | / Standing for individuals Great variety: from Actio popularis (PT) to Schutznormtheorie (G) Some (property) right based, most interest based Application by courts differs; the two gentlemen, shore protection…

Jan Darpö Faculty of Law/UU | / Standing for ENGOs I Less differences (DE   UK)… Statutes: Geographic, substance… Regional (and local) ENGOs sometimes discriminated… Sometimes limited to appeal against certain decisions (9.2), often not… Preclusion in some countries…

Jan Darpö Faculty of Law/UU | / Standing for ENGOs II Registration: often… Minimum duration: often (1-5 yrs)… Non profit or democratic structure: sometimes… Numeric criterion: rarely…

Jan Darpö Faculty of Law/UU | / Scope of the appeals trial Scope and intensity: “the wider the entrance, the smaller the room”… Review of infringement of rigths, interests or full legality… Preclusion of arguments… Reformatory or cassatory procedure – what remedies do the court have..?

Jan Darpö Faculty of Law/UU | / Proposal: General issues Broad scope of application; EU ‘environmental law’… Access for public (likely to be) affected, avoiding double standard of Dir. 2003/35… ENGOs: No registration, no auditing requirement, no time criterion OR 2 yrs + democratic support…

Jan Darpö Faculty of Law/UU | / Proposal: The procedure Clarification on ‘procedural and substantive legality’, full legality control… Ex officio investigation of legality of all invoked aspects A2J regardless of participation… Challenging of omissions must be possible

Jan Darpö Faculty of Law/UU | / ….and finally… THANK YOU FOR LISTENING..! us/studies.htm In Englishwww.jandarpo.se/ In English