1. Legal Aid schemes for Environmental Defense in Europe Eduardo Salazar EcoForum/Justice&Environment

2. LEGAL AID Origin: Social Justice Origin: Social Justice Cappelletti Cappelletti Modern Legal Aid Schemes during XX century Modern Legal Aid Schemes during XX century Mechanism to help the weakest part in a Court proceeding and avoid financial barriers in the access to justice Mechanism to help the weakest part in a Court proceeding and avoid financial barriers in the access to justice

3. Legal Aid schemes in environmental cases in Europe Not frequently used (Romania, Hungary) Not frequently used (Romania, Hungary) Only by civil procedural law (Austria) Only by civil procedural law (Austria) Only for individuals (UK, Sweden) Only for individuals (UK, Sweden) Rejected for environmental NGOs (Germany) Rejected for environmental NGOs (Germany) Providers: Providers: State Budget: State Budget: Bar Associations (Spain, Czech Republic, Hungary, Romania) Bar Associations (Spain, Czech Republic, Hungary, Romania) Courts (Czech Republic, Germany, Romania) Courts (Czech Republic, Germany, Romania) Local NGOs (Austria, Romania) Local NGOs (Austria, Romania) University Law Clinics (Czech Republic, Spain) University Law Clinics (Czech Republic, Spain) Pro-Bono work (Czech Republic, Austria, Spain) Pro-Bono work (Czech Republic, Austria, Spain) Disavantages! Disavantages!

4. Geenral Requirements Bad finantial situation/Lacks of funds/ Poverty Bad finantial situation/Lacks of funds/ Poverty Action not arbitrary or nearly certainly without a chance of being successful Action not arbitrary or nearly certainly without a chance of being successful An NGO can not be awarded with waivers repeatedly (Czech Republic, Spain) An NGO can not be awarded with waivers repeatedly (Czech Republic, Spain)

5. Content of the « right to legal aid » Court Taxes Court Taxes Lawyers fees (not specialized lawyers) Lawyers fees (not specialized lawyers) Expert fees (not specialized experts) Expert fees (not specialized experts) Others cost (except bonds) Others cost (except bonds) Loser pays principle does not apply Loser pays principle does not apply

6. Situation in Spain Law 27/2006 (Aarhus Law) recognizes legal aid for some environmental NGOs Law 27/2006 (Aarhus Law) recognizes legal aid for some environmental NGOs Small and new NGOs have difficulties (Case ACCC/2008/36) Small and new NGOs have difficulties (Case ACCC/2008/36) The new Legal Aid Law does not help The new Legal Aid Law does not help

7. UNECE Fund Why not to create a new Fund for enviromental litigation? Why not to create a new Fund for enviromental litigation? Aarhus rights (art. 9.1 and 9.2) and environmental Law enforcement (art. 9.3) Aarhus rights (art. 9.1 and 9.2) and environmental Law enforcement (art. 9.3) Criteria, requirements and content Criteria, requirements and content

8. UNITED NATIONS ENVIRONMENTAL LITIGATION FUND (UNECEELF) The increasing awareness on environmental issues is clearly changing the way we approach growth and development. Today’s world can no longer ignore the environmental impacts and consequences of growth decisions. The increasing awareness on environmental issues is clearly changing the way we approach growth and development. Today’s world can no longer ignore the environmental impacts and consequences of growth decisions.

9. Environmental litigation cannot be fully considered without first addressing the funding matter. Besides the hiring of an experienced lawyer, oftentimes environmental litigation requires the expertise of scientists or environmental professionals to support and testify as expert witnesses during hearings. Environmental litigation cannot be fully considered without first addressing the funding matter. Besides the hiring of an experienced lawyer, oftentimes environmental litigation requires the expertise of scientists or environmental professionals to support and testify as expert witnesses during hearings.

10. The Aarhus Convention highlights the importance of a substantial public input into environmental decision-making processes. However, if citizens are effectively to utilise the courts as vehicles for protecting the environment, then some way of financing these legal actions must be taken into account. The Aarhus Convention highlights the importance of a substantial public input into environmental decision-making processes. However, if citizens are effectively to utilise the courts as vehicles for protecting the environment, then some way of financing these legal actions must be taken into account.

11. By setting an international fund for environmental litigation worldwide, the United Nations could greatly help in this complex matter. By setting an international fund for environmental litigation worldwide, the United Nations could greatly help in this complex matter.

12. A United Nations Environmental Litigation Fund (UNECEELF) would provide not-for- profit environmental litigation groups with the much needed financial assistance to advocate for environmental issues of public interest. A United Nations Environmental Litigation Fund (UNECEELF) would provide not-for- profit environmental litigation groups with the much needed financial assistance to advocate for environmental issues of public interest.

13. These organisations could apply to the UNECEELF to get funding to cover the costs of such legal actions once they are already engaged in proceedings of a specific litigation case in ways to be determined. These organisations could apply to the UNECEELF to get funding to cover the costs of such legal actions once they are already engaged in proceedings of a specific litigation case in ways to be determined.

14. The possibility of receiving such financial aid would mean a turning point in the way environmental justice is granted. The possibility of receiving such financial aid would mean a turning point in the way environmental justice is granted.

15. Examples UN Fund for democracy UN Fund for democracy InterAmerican HR Legal Aid Fund InterAmerican HR Legal Aid Fund

16. How? Task force identified problems, so the problems are known. Task force identified problems, so the problems are known. Let the fund support actions to address those problems. Let the fund support actions to address those problems. Task force would be replaced by fund board which could develop rules. Task force would be replaced by fund board which could develop rules. Working group could adopt such rules at its next meeting. Working group could adopt such rules at its next meeting.