Access to Justice in Environmental Matters – The EU’s Difficult Road Towards Non-Compliance With the Aarhus Convention

Marjan Peeters and Mariolina Eliantonio (eds) Research Handbook on European Environmental Law (Edward Elgar 20xx), Forthcoming

University of Groningen Faculty of Law Research Paper No. 39/2019

19 Pages Posted: 3 Oct 2019 Last revised: 16 Oct 2019

See all articles by Matthijs van Wolferen

Matthijs van Wolferen

University of Groningen, Faculty of Law

Mariolina Eliantonio

Maastricht Center for European Law

Date Written: August 28, 2019

Abstract

There is not only a long and commonly held (academic) opinion, but also an international obligation that requires the European Union to have easy access to justice for environmental nongovernmental organisations (ENGOs). However, even under heavy international pressure, the standing requirements that limit the access to the Court of Justice of the European Union (CJEU) for these applicants remain in place. This chapter aims to introduce the general system of access to justice under Article 263 and Article 267 TFEU. It will be explained how the Court has a particular view on how judicial review should function. It is however likely that this system has a number of deficiencies. These deficiencies are clearly brought to light in the complaint that was raised before the Aarhus Convention’s compliance mechanism. An analysis of this procedure and its problematic outcome will be used to discuss the future for these public interest litigants.

Keywords: access to justice, aarhus convention, CJEU, 267 TFEU, judicial review, European Union, environmental law

Suggested Citation

van Wolferen, Matthijs and Eliantonio, M., Access to Justice in Environmental Matters – The EU’s Difficult Road Towards Non-Compliance With the Aarhus Convention (August 28, 2019). Marjan Peeters and Mariolina Eliantonio (eds) Research Handbook on European Environmental Law (Edward Elgar 20xx), Forthcoming, University of Groningen Faculty of Law Research Paper No. 39/2019, Available at SSRN: https://ssrn.com/abstract=3444262

Matthijs Van Wolferen (Contact Author)

University of Groningen, Faculty of Law ( email )

Oude Kijk in 't Jatstraat 26
Groningen, Gr 9712EK
Netherlands

M. Eliantonio

Maastricht Center for European Law ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands

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