Implementation challenges in EECCA region: how to address them? Dr. Svitlana Kravchenko University of Oregon (USA and Ukraine)

What are the main challenges? Lack of judicial independence Lack of judicial independence Lack of judges' awareness Lack of judges' awareness Limited number of public interest environmental lawyers Limited number of public interest environmental lawyers Low number of cases Low number of cases Financial barriers Financial barriers Standing for NGOs Standing for NGOs Lack of judicial independence Lack of judicial independence Lack of judges' awareness Lack of judges' awareness Limited number of public interest environmental lawyers Limited number of public interest environmental lawyers Low number of cases Low number of cases Financial barriers Financial barriers Standing for NGOs Standing for NGOs

Limited number of public interest lawyers 20 for 10 countries – Parties to the convention 20 for 10 countries – Parties to the convention Armenia - 5 Armenia - 5 Azerbaijan – 1 Azerbaijan – 1 Belarus – 1 Belarus – 1 Kazakhstan – 2 Kazakhstan – 2 Moldova – 1 Moldova – 1 Ukraine – 10 (5 not litigating) Ukraine – 10 (5 not litigating) 4 countries countries for 10 countries – Parties to the convention 20 for 10 countries – Parties to the convention Armenia - 5 Armenia - 5 Azerbaijan – 1 Azerbaijan – 1 Belarus – 1 Belarus – 1 Kazakhstan – 2 Kazakhstan – 2 Moldova – 1 Moldova – 1 Ukraine – 10 (5 not litigating) Ukraine – 10 (5 not litigating) 4 countries countries - 0

Low number of cases in Armenia (5 by EPAC); in Armenia (5 by EPAC); 3 in Georgia, 3 in Georgia, 16 - in Kazakhstan and whole Central Asia (Green Salvation) 16 - in Kazakhstan and whole Central Asia (Green Salvation) 15 - in Ukraine (EPL) 15 - in Ukraine (EPL) Perhaps no cases at all in other EECCA countries Perhaps no cases at all in other EECCA countries in Armenia (5 by EPAC); in Armenia (5 by EPAC); 3 in Georgia, 3 in Georgia, 16 - in Kazakhstan and whole Central Asia (Green Salvation) 16 - in Kazakhstan and whole Central Asia (Green Salvation) 15 - in Ukraine (EPL) 15 - in Ukraine (EPL) Perhaps no cases at all in other EECCA countries Perhaps no cases at all in other EECCA countries

Why so few cases? No “flood” of cases No “flood” of cases Narrow access to justice Narrow access to justice In some countries – it is not wise or safe In some countries – it is not wise or safe In some – costs of justice, lack of money In some – costs of justice, lack of money

Financial barriers Loser pays principle (plaintiff has to pay defendant’s attorney costs when he/she loses) Loser pays principle (plaintiff has to pay defendant’s attorney costs when he/she loses) Honorariums to plaintiff’s own lawyers Honorariums to plaintiff’s own lawyers Court fees Court fees Expert fees Expert fees Loser pays principle (plaintiff has to pay defendant’s attorney costs when he/she loses) Loser pays principle (plaintiff has to pay defendant’s attorney costs when he/she loses) Honorariums to plaintiff’s own lawyers Honorariums to plaintiff’s own lawyers Court fees Court fees Expert fees Expert fees

Narrow standing for NGOs Green Salvation v. Kazakhstan: Standing of NGOs promoting environmental protection and meeting requirements of national law – public concern Green Salvation v. Kazakhstan: Standing of NGOs promoting environmental protection and meeting requirements of national law – public concern Belgium case : direct, personal and legitimate interest; “required quality”; geographical criterion Belgium case : direct, personal and legitimate interest; “required quality”; geographical criterion Green Salvation v. Kazakhstan: Standing of NGOs promoting environmental protection and meeting requirements of national law – public concern Green Salvation v. Kazakhstan: Standing of NGOs promoting environmental protection and meeting requirements of national law – public concern Belgium case : direct, personal and legitimate interest; “required quality”; geographical criterion Belgium case : direct, personal and legitimate interest; “required quality”; geographical criterion

How to overcome challenges? Elimination or lessening of financial barriers; free legal aid Elimination or lessening of financial barriers; free legal aid Provide financial support to public interest environmental law NGOs Provide financial support to public interest environmental law NGOs Elimination of corruption Elimination of corruption Raising judges’ environmental awareness Raising judges’ environmental awareness Continue judicial trainings; develop training materials Continue judicial trainings; develop training materials Elimination or lessening of financial barriers; free legal aid Elimination or lessening of financial barriers; free legal aid Provide financial support to public interest environmental law NGOs Provide financial support to public interest environmental law NGOs Elimination of corruption Elimination of corruption Raising judges’ environmental awareness Raising judges’ environmental awareness Continue judicial trainings; develop training materials Continue judicial trainings; develop training materials