Internal Review of EU Environmental Measures. It’s True: Baron Van Munchausen Doesn’t Exist! Some Remarks on the Application of the So-Called Aarhus Regulation

14 Pages Posted: 17 Dec 2010 Last revised: 22 Jun 2013

See all articles by Gertjan Harryvan

Gertjan Harryvan

affiliation not provided to SSRN

Jan H. Jans

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law

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Date Written: December 15, 2010

Abstract

This contribution discusses, critically, the application of the so called Aarhus Regulation. This regulation enables environmental NGOs to request an internal review under environmental law of acts adopted, or omissions, by EU institutions and bodies. It emerges that this internal review procedure does not function adequately at all. It can be concluded from the small number of requests that have been lodged since the entry into force of the regulation, that the procedure is not very popular. It appears that in the few cases in which a request for internal review has been lodged, this, leaving aside one single case, did not lead to a substantive assessment of the request. The vast majority of the requests were declared inadmissible. The authors propose that the conditions in the Regulation for admissibility should be interpreted and applied more in conformity with the Aarhus Convention. And that only ‘legislative acts’ within the meaning of Articles 289-292 TFEU should be excluded from the internal review procedure of the Regulation.

Suggested Citation

Harryvan, Gertjan and Jans, Jan H., Internal Review of EU Environmental Measures. It’s True: Baron Van Munchausen Doesn’t Exist! Some Remarks on the Application of the So-Called Aarhus Regulation (December 15, 2010). Available at SSRN: https://ssrn.com/abstract=1725799 or http://dx.doi.org/10.2139/ssrn.1725799

Gertjan Harryvan

affiliation not provided to SSRN

Jan H. Jans (Contact Author)

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law ( email )

P.O. Box 716
Groningen, 9700 AS
Netherlands
+31 50 363 8870 (Phone)

HOME PAGE: http://www.rug.nl/staff/j.h.jans/index

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