Judicial Control in a Globalised Legal Order – A One Way Track? An Analysis of the Case C-263/08 Djurgården-Lilla Värtan

20 Pages Posted: 3 Dec 2010

See all articles by Jane Reichel

Jane Reichel

Faculty of Law, Uppsala University, Sweden

Date Written: December 1, 2010

Abstract

This article examines the preliminary ruling given by the Court of Justice in the Djurgården-Lilla Värtan case. The case involves the Swedish implementation of the Aarhus Convention via an EU Directive, granting right to access to justice to environmental non-governmental organisations (NGOs). Even though the Aarhus Convention and the Directive both state that the right to access to justice is granted only to NGOs “meeting any requirements under national law”, the Court of Justice found that Swedish requirements were too restrictive. The question arises whether there is still room for the Member States to choose other enforcement models rather than judicial control when monitoring the implementation of EU law. If not, how does this affect the constitutional systems of the Member States as a whole? More precisely, what about the national parliaments?

Keywords: access to justice, Aarhus Convention, environmental law, NGO

JEL Classification: K32, K33

Suggested Citation

Reichel, Jane, Judicial Control in a Globalised Legal Order – A One Way Track? An Analysis of the Case C-263/08 Djurgården-Lilla Värtan (December 1, 2010). Review of European and Administrative Law, Vol. 3, No. 2, pp. 69-87, 2010, Available at SSRN: https://ssrn.com/abstract=1718342

Jane Reichel (Contact Author)

Faculty of Law, Uppsala University, Sweden ( email )

Faculty of Law Box 512
Uppsala, SE-751 20
Sweden

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