Access to Justice at EU Level in Environmental Law

Abstract

Article 263(4) TFEU and the Aarhus Regulation continue to be interpreted in such a way as to restrict access to justice for environmental interest groups. Since litigation has the potential to contribute to the development of EU environmental law, who chooses what is subject to judicial scrutiny and under what circumstances, matters. Limited access to justice raises concerns about accountability and effective judicial protection; access for corporate or economic interests, without balancing access for collective environmental interests, is potentially of broader concern in respect of the development of environmental norms.

Keywords: Aarhus Regulation, Reg 1367/2006/EC, Aarhus Convention, Article 263 TFEU, access to justice, environment

JEL Classification: K32