Journal articles: 'Aarhus Convention'

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Pánovics, Attila. "The Aarhus Convention Model." Hungarian Yearbook of International Law and European Law 4, no. 1 (December 2016): 251–61. http://dx.doi.org/10.5553/hyiel/266627012016004001015.

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Yerezhepkyzy, Roza, Viktor Shestak, Andrey Egorov, and Asset Sadvokassov. "Implementing the Aarhus Convention." European Energy and Environmental Law Review 30, Issue 4 (August 1, 2021): 120–27. http://dx.doi.org/10.54648/eelr2021014.

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The United Nations Economic Convention for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) is a peremptory international treaty that enshrines the procedural public rights to access environmental information, to make decisions regarding the environment, and to protect the right to a healthy environment. However, the Russian Federation is still not a party to this Convention. The analysis of the legislation of the Russian Federation in the context of its compliance with the Aarhus Convention is carried out to identify the reasons for not ratifying this agreement. The article aims to: 1) argue the need to ratify the Aarhus Convention by the Russian Federation; 2) develop an effective legal mechanism to ensure the implementation of its provisions. By applying the conceptual method, the provisions of the Aarhus Convention were analysed, its key requirements were studied, and the fundamental role of this treaty in the field of harmonizing relations ‘human-environment’ was determined. Through the combined application of conceptual and comparative methods, an analysis of the environmental legislation of the Russian Federation, the Republic of Kazakhstan, and the Republic of Belarus was carried out. Through the combined application of statistical and comparative methods, the effectiveness of environmental policy in the studied states in the context of the Aarhus Convention was identified and compared. As a result of the study, the need for the ratification of the Aarhus Convention by the Russian Federation was stated along with measures proposed for Convention implementation. In addition, attention was focused on the need for a comprehensive approach to the implementation of the provisions of this Convention. access to environmental information, access to justice, criminal liability, environmental legislation, healthy environment; international law

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Gieseke, Dr Ulrich. "The Aarhus Convention in Practice: Challenges and Perspectives for German Environmental Authorities." Journal for European Environmental & Planning Law 16, no. 4 (December 6, 2019): 372–85. http://dx.doi.org/10.1163/18760104-01604004.

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The Aarhus Convention aims to democratize environmental decision-making. Since its adoption 20 years ago, the Aarhus Convention has led to a fundamental change in German environmental administration. This article explores the administrative capacities, organizational structures and enforcement requirements, identifies challenges for environmental authorities and outlines prospects for better implementing the Aarhus Convention. The main challenges are: extended responsibilities for authorities, greater complexity of environmental decisions, increased transparency, more external communication, stricter procedural requirements, extended access to justice and the reduction of enforcement deficits. The success of the Aarhus Convention largely depends on high-capacity administration, which adapts its way of decision-making to these challenges. In addition, substantive environmental law is the foundation upon which the three pillars of the Aarhus Convention rest. Therefore, this article argues that legal instruments and a high level of substantive environmental law are essential for environmental authorities to achieve effectively the objective of the Aarhus Convention.

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Tubic, Bojan. "Application of the Aarhus Convention." Zbornik radova Pravnog fakulteta, Novi Sad 45, no. 2 (2011): 383–93. http://dx.doi.org/10.5937/zrpfns1102383t.

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Getliffe, Kate. "Proceduralisation and the Aarhus Convention." Environmental Law Review 4, no. 2 (June 2002): 101–16. http://dx.doi.org/10.1177/146145290200400203.

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In the context of legal evolution, it is apparent that initiatives in environmental law are having an impact upon other legal fields and additionally upon the workings of the legal system itself. The legal system is failing adequately to protect the environment; once we accept this it is necessary to turn to solutions. Aspects of reflexive legal theory, such as increased access to the decision-making arena, are being eagerly adopted at EU level as an attempt to overcome the shortcomings inherent in the legalisation of environmental matters. One principal problem relating to the process of legalising environmental concerns is that of problem definition. It is argued that the advancement of enhanced participation in this field will result in more readily applicable solutions being raised. The issue assessed in this article is whether procedures which lead to greater participation in the decision-making process result in more effective legal output which ensures better protection of the environment. Enhanced participation is touted as a means to clarify the public interest and inculcate responsibility for the environment. It is thus assumed that the policy output is more representative of the consensus of public opinion. The Aarhus Convention is assessed in terms of its standing as a potential normative model of proceduralisation. Its compatibility with the sections of the Convention relating to participation and EU environmental law are analysed.

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Mason, Michael. "Information Disclosure and Environmental Rights: The Aarhus Convention." Global Environmental Politics 10, no. 3 (August 2010): 10–31. http://dx.doi.org/10.1162/glep_a_00012.

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Access to information is the first “pillar” of the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (1998). This article examines how the information disclosure obligations on states within the Aarhus Convention express a particular blend of human environmental rights, conjoining procedural entitlements (and duties) with a substantive right to an environment adequate to human health and well-being. “Aarhus environmental rights” have been lauded for increasing citizen access to environmental information, helping to secure more transparent and accountable regulatory processes. However, the information rights are rendered inconsistent in practice by three properties: 1) the discretion accorded to Convention Parties in interpreting Aarhus rights; 2) the exclusion of private entities from mandatory information disclosure duties; and 3) the indeterminate coupling of procedural and substantive rights. These tensions reflect a structural imbalance in the articulation of Aarhus rights between social welfare and market liberal perspectives.

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Drenovak-Ivanovic, Mirjana. "Implementation of the Aarhus Convention in Serbia." European Energy and Environmental Law Review 20, Issue 2 (April 1, 2011): 58–71. http://dx.doi.org/10.54648/eelr2011005.

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The Aarhus Convention has become a part of the Serbian legal system with adoption of the Law on Ratification of the Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters in May, 2009. The largest share of laws in Serbia which regulate the right to access information, public participation and legal protection in environmental matters was adopted prior to ratification of the Aarhus Convention. However, after the ratification came amendments to certain laws for the sake of accordance with the norms of the Aarhus Convention. This paper analyzes the existing legal provisions in Serbia and the extent thereof on its accordance with the norms of the Aarhus Convention. In addition, the paper points out the relevant practice of administrative authorities and the Commissioner for Information of Public Importance and Personal Data Protection relating to cases of access to environmental information and the right of public participation in environmental decision making as well as major court decisions on right to judicial review.

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Lidbetter, Andrew, and Nehal Depani. "The Aarhus Convention and Judicial Review." Judicial Review 19, no. 1 (March 20, 2014): 30–38. http://dx.doi.org/10.1080/10854681.2014.11426816.

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Weaver, Duncan. "The Aarhus convention and process cosmopolitanism." International Environmental Agreements: Politics, Law and Economics 18, no. 2 (July 7, 2017): 199–213. http://dx.doi.org/10.1007/s10784-017-9369-6.

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Jendrośka, Jerzy. "Public participation in the preparation of plans and programs: some reflections on the scope of obligations under Article 7 of the Aarhus Convention." Journal for European Environmental & Planning Law 6, no. 4 (2009): 495–515. http://dx.doi.org/10.1163/161372709x12608898676472.

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AbstractThe article aims to present the main legal issues related to implementation of the provisions of Article 7 of the Aarhus Convention regarding public participation in the preparations of plans and programs. The analysis is presented against the background of an overview of the legal nature and scope of obligations stemming from the second pillar of the Convention. The article attempts to identify the scope of application of Article 7 and the main elements of the framework for public participation included therein. The legal analysis is based, where appropriate, on the respective opinions of the Aarhus Convention Compliance Committee. The implementation of the Aarhus Convention in EU law will be addressed in this respect in a separate article in the forthcoming issue of the journal.

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Komnenic, Dusanka. "Aarhus Convention: New approach to environment protection." Pravni zapisi 3, no. 1 (2012): 153–76. http://dx.doi.org/10.5937/pravzap1201153k.

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Jendroska, Jerzy. "Aarhus Convention and Community Law: the Interplay." Journal for European Environmental & Planning Law 2, no. 1 (2005): 12–21. http://dx.doi.org/10.1163/187601005x00570.

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Krämer, Ludwig. "Access to Environmental Justice: the Double Standards of the ecj." Journal for European Environmental & Planning Law 14, no. 2 (June 29, 2017): 159–85. http://dx.doi.org/10.1163/18760104-01402003.

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In its findings of 27 June 2016, the Aarhus Convention Compliance Committee concluded that European Union “failed to comply with Article 9 paragraphs 3 and 4 of the Convention with regard to access to justice by members of the public, because neither the Aarhus legislation nor the jurisprudence of the ecj implements or complies with the obligations under these paragraphs”. Against this backdrop, the present contribution retraces the jurisprudence of the ecj on access to justice in environmental matters, evaluates its compatibility with the Aarhus Convention and compares it with the ecj’s practice in economic cases, in particular in the area of State aid. It is shown, i. a., that the ecj denies ngos access to justice with regard to acts and omissions of eu institutions and how this is in breach with both eu environmental laws and Article 9(3) of the Aarhus Convention. It is also shown that the Court of Justice is much stricter with regard to the admissibility of actions which try to protect the environment than it is with regard to actions, where economic interests are at stake.

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Anna, Hurova, Lustosa Maryna, and Mongrolle Zhulien. "A new approach to access to environmental information and protection of environmental rights." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 261–71. http://dx.doi.org/10.33663/0869-2491-2020-31-261-271.

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The Aarhus Convention concerning the right of information, participation and access to the justice in the environmental field was adopted in 25 June 1998, and came into effect in 30 October 2001 as part of the United Nations Economic Commission for Europe (ECE-UN) is open for the adherence for every State even if not located in the European continent. However, in Mars 4, 2018, the Escazú Convention was adopted as a part of the Economic Commission for Latin America and the Caribbean (ECLAC), enshrining the same procedurals rights that Aarhus. The objective of this article is to understand why Latin-American states have chosen to create their own regional convention, even if they could have joined the Aarhus Convention concerning the same rights? The approach used to the making of this article was the bibliographic research et the interpretation of legislation and the conventions. In conclusion there’s two hypotheses justify the adoption of a certain convention, the Escazú Convention could be the answer of the Latin American towards the effectiveness of the Aarhus Convention, for instance minimization of effective realization of judicial protection of environmental rights and also, the Escazú Convention is the translation of the specific conception of environmental protection in Latin America. Also, the study found that States of Latin American and the Caribbean, through preservation of indigenous peoples, are able to transform the concept of sustainable development into so-called "continued development" and "good life" concepts. These concepts are not based on the balance of environmental and economic interests, but on the predominance of the first one. The practical implementation of these ideological foundations must go a long way to being effective, but clear wording of individual legal personality of people in fragile environmental situations, which is expressed in particular at the international level, in our opinion, already, forms the basis for further changes towards saving the planet for future generations.

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Whittaker, Sean. "The Right of Access to Environmental Information and Legal Transplant Theory: Lessons from London and Beijing." Transnational Environmental Law 6, no. 3 (May 23, 2017): 509–30. http://dx.doi.org/10.1017/s2047102517000115.

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AbstractThis article analyzes the potential for legal transplant theory to strengthen the legal regimes that guarantee the right of access to environmental information in England and China. Guaranteed by the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, the right has a substantial impact on how individuals can act as environmental stewards. However, despite the framework provided by the Aarhus Convention, there are shortcomings in how these states guarantee the right when compared with the obligations set by the provisions of the Convention. The article applies Alan Watson’s legal transplant theory to the environmental information regimes in England and China and considers the likelihood of each jurisdiction sourcing legal reforms from the other. It also seeks to identify common trends shared by each jurisdiction and the impact of the Aarhus Convention on such transplants.

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Krężel, Angelika. "Aarhus Regulation Administrative (self-) Review Mechanism: The Inevitable Failure to Contribute to Access to Justice in the EU?" European Energy and Environmental Law Review 32, Issue 3 (June 1, 2023): 136–44. http://dx.doi.org/10.54648/eelr2023006.

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In this article, the administrative review mechanism under the ‘old’ and the ‘new’ Aarhus Regulation is analysed. It is argued that the mechanism still raises concerns, among others, regarding impartiality and fairness, as required by the Aarhus Convention (the ‘old problems’). The conclusion is that although the Aarhus Regulation administrative review mechanism was introduced in order to strengthen access to justice in environmental matters in the EU legal system, it does not significantly contribute to this aim. Instead, it constitutes the mechanism of self-review for the EU institutions and bodies. Nevertheless, it is argued that this failure is inevitable and lays down in its very foundations. In practical terms, it seems that the mechanism designed to ‘provide for access to judicial or other review procedures for challenging acts and omissions by private persons’ effectively contributes to another than access to justice component of environmental democracy, mainly access to information. Access to justice, EU legal remedies, environmental law, administrative review mechanism, Aarhus Convention, Aarhus Regulation

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Kelleher, Orla. "Systemic Climate Change Litigation, Standing Rules and the Aarhus Convention: A Purposive Approach." Journal of Environmental Law 34, no. 1 (November 22, 2021): 107–34. http://dx.doi.org/10.1093/jel/eqab037.

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Abstract This article explores whether an exceptional approach to standing rules is needed to square the gatekeeping function of the courts of states/international organisations that are signatories to the Aarhus Convention with the complexity and urgency of the climate crisis. The central claim is that standing rules do not necessarily need to be reconstructed to resolve this conflict. Rather, what European states and the European Union need to do is take their procedural human rights obligations under the Aarhus Convention seriously.

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Makritskaia, E. D. "The Right of Access to Environmental Information in the Aarhus Convention Paradigm: Implementation Experience in Some States." Siberian Law Herald 4, no. 91 (2020): 116–22. http://dx.doi.org/10.26516/2071-8136.2020.4.116.

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The study analyzed some provisions of the Convention on access to information, public participation in decision-making, and access to justice in environmental matters directly related to the right to access to environmental information (in particular, articles 4 and 5 of the Convention, which regulate directly access to environmental information and the collection and dissemination of environmental information, respectively). The components of this right have been studied and described, as well as the main legal terms relating to the law in the text of the Aarhus Convention, such as “environmental information”, “as short as possible”. The work also analyzed and identified those types of information that, based on the provisions of the Convention, relating to environmental information. The paper provides examples of the impact of the Aarhus Convention on the national legislation of some States, as well as a mechanism for implementing the right of access to environmental information in the Republic of Belarus. Based on the study, general provisions on the right of access to environmental information are described, as well as the fact that the language of the Aarhus Convention is widely used in the legislation of States parties to the convention, and the right of access to environmental information itself is integral and multidimensional.

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Shornikov, D. "Potential of the Aarhus Convention for the Establishment of an International Legal Mechanosm for the Protection of Lake Baikal." Siberian Law Herald 2022.1 (2022): 127–33. http://dx.doi.org/10.26516/2071-8136.2022.1.127.

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As part of the project to build the concept of international legal protection, Lake Baikal, supported by the Russian Foundation for Basic Research, considered the key provisions of the 1998 United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, the so-called Aarhus Convention, and the Protocol on Pollutant Release and Transfer Registers (PRTRs) 2003, bearing in mind, above all, their potential for developing the mechanism of international legal protection of Lake Baikal. It was analyzed the experience of the Republic of Kazakhstan and the Republic of Belarus in implementing the provisions of these international instruments into national legislation, as well as the creation and development of the Aarhus Centers in these countries of the post-Soviet space. The experience and current position of the Russian Federation on the perception of the provisions and mechanisms of the Aarhus Convention in the national legal system and law enforcement practices are highlighted. The conclusion that the use of conventional mechanisms for access to information, public participation in decision-making and access to justice in environmental matters enshrined in these international instruments to preserve the unique ecosystem of the Lake Baikal World Heritage Site is justified.

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Nenkovic, Marina, and Mila Pucar. "AARHUS CONVENTION AIMS IN ENERGY MANAGEMENT IN SERBIA." Environmental Engineering and Management Journal 5, no. 6 (2006): 1371–78. http://dx.doi.org/10.30638/eemj.2006.116.

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Jendrośka, Jerzy. "Aarhus Convention Compliance Committee: Origins, Status and Activities." Journal for European Environmental & Planning Law 8, no. 4 (2011): 301–14. http://dx.doi.org/10.1163/187601011x604212.

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AbstractThe article aims to provide a background to a new series of reports presenting current cases related to the implementation of the Aarhus Convention. To this end the article briefly presents the origins and legal basis of the Committee as well as its structure and procedures, pointing to some of its particular features and providing some personal observations in this respect.

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Szalk-Unger, Lara. "participation of environmental NGOs in (Austrian) criminal proceedings in the light of Art. 9 (3) Aarhus Convention." Opolskie Studia Administracyjno-Prawne 20, no. 1 (November 29, 2022): 211–36. http://dx.doi.org/10.25167/osap.4772.

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One of the three main pillars of the Aarhus Convention is access to justice for members of the public. Access to justice can not only be provided for in administrative proceedings but also via criminal proceedings in cases of environmental crime. Members of the public with an interest in environmental protection are especially environmental NGOs. In some European countries NGOs play an active role in criminal proceedings, however in many they are banished to the sidelines. This article describes the implications and requirements of Art. 9 (3) of the Aarhus Convention for access to justice via criminal proceedings, analyzes the existing ways for environmental NGOs to participate in Austrian criminal proceedings and presents ways in which criminal procedure law can be reformed to meet the requirements of the Aarhus Convention. The end goal is to make the prosecution of environmental crime as effective as possible.

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von Unger, Moritz. "Access to EU Documents: An End at Last to the Authorship Rule?" Journal for European Environmental & Planning Law 4, no. 6 (2007): 440–48. http://dx.doi.org/10.1163/187601007x00037.

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AbstractThe key legal text governing public access to EU documents is Regulation 1049/2001. In contrast to the previous legal regime, the Regulation dismisses the so called authorship rule, which aligns it with recent developments in the field of the law of transparency and, notably, of international environmental law (Aarhus Convention). The European institutions are hence tasked with making all documents accessible to the public, which include both those originating with them and those from third parties. Yet unlike the Aarhus Convention, the Regulation has a blind spot, which leads to the important question of whether a Member State can simply order the institutions to withhold any of its documents whenever it chooses to do so. For the first time, the European Court of Justice is being asked to hand down a judgment on this question. The author suggests that the Court may wish to consider an interpretation of Regulation 1049/2001 that adjusts it further to the international standard as set by the Aarhus Convention.

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Krämer, Ludwig. "Transnational Access to Environmental Information." Transnational Environmental Law 1, no. 1 (March 13, 2012): 95–104. http://dx.doi.org/10.1017/s2047102511000070.

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AbstractThis paper traces back the efforts, in particular in Europe, to promote transnational legal provisions which grant a right of access to environmental information. Initiatives in the 1970s failed to establish a fundamental right to a clean environment. However, the establishment of fundamental procedural rights of access to information, participation in decision-making and access to justice in environmental matters has been more successful – culminating in the 1998 Aarhus Convention. This paper describes the – until now unsuccessful – attempts to extend the territorial scope of application of the Aarhus Convention to non-European countries and regions, and ultimately the conclusion of a global convention on access to environmental information.

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Michalak, Magdalena, and Przemysław Kledzik. "The Aarhus Convention and Polish Regulations Concerning Parties to Proceedings for Issuing the eia Decisions." Journal for European Environmental & Planning Law 18, no. 1-2 (February 10, 2021): 56–76. http://dx.doi.org/10.1163/18760104-18010005.

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Abstract The United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters was adopted on 25 June 1998 in the Danish city of Aarhus. According to its provisions each state Part shall, within the framework of the national legal order, ensure that members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law. At the same time, it contains regulations specifying the criteria that constitute the basis for determining persons enjoying rights to access justice with respect to national legal orders. Poland, being one of the state Parties, introduced into national legal order special provisions enabling implementation of the Aarhus Convention, including regulations concerning parties to proceedings in environmental matters. The aim of the study is to analyse and assess these regulations in the light of the requirements adopted in the Aarhus Convention and to formulate general conclusions in the field of key issues of the international and European environmental law and policy.

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Schwerdtfeger, Angela. ""Schutznormtheorie" and Aarhus Convention- Consequences for the German Law." Journal for European Environmental & Planning Law 4, no. 4 (2007): 270–77. http://dx.doi.org/10.1163/187601007x00460.

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AbstractThe Aarhus Convention raises new questions about the future of the German "Schutznormtheorie" limiting access to justice before the administrative courts. The text and history of Article 9 (2) Aarhus Convention and of Directive 2003/35/EC on public participation seem to recognise this German concept. However, a closer examination of the objective of wide access to justice and of the case law of the European Court of Justice reveals a clear need for changes with regard to the application of this concept by the German courts. In this context, the interrelation of limited rights of action with the depth of judicial control has to be regarded, as well. New German legislation does not satisfy the need for a reform.

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Hadjiyianni, Ioanna. "Multi-Level Governance in Action: Access to Justice in National Courts in Light of the Aarhus Convention." European Public Law 26, Issue 4 (December 1, 2020): 889–920. http://dx.doi.org/10.54648/euro2020070.

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This article explores the multi-level governance of access to justice in environmental matters by analysing how the Aarhus Convention gains added force in the national legal order through its interpretation by the Court of Justice of the EU. In combination, the Aarhus Convention and its incorporation in the EU require national legal orders to grant wide access to justice, particularly to environmental non-governmental organizations (ENGOs). This article explores the interplay of the different levels of governance and analyses their distinct contribution, with the Aarhus Convention setting the general legal requirements at the international level, EU law refining such requirements vertically in relation to Member State obligations, and national law potentially implementing wide access to justice on the ground. While in some Member States, such access is assumed and has led to the emergence of strategic litigation, in others standing requirements are still interpreted narrowly. Within this context, the article assesses the applicable legal framework in Cyprus, whose legal system provides interesting opportunities to realize the combination of the different levels of governance in light of the added force of supremacy of EU law over constitutional provisions that determine access to courts. The Cypriot case study exemplifies the potential of a combination of international, EU, and national requirements, to require a move away from an unduly restrictive interpretation of standing, which has been largely followed to date. access to justice, environment, non-governmental organizations, Aarhus, Cyprus, multilevel governance, CJEU, standing, locus standi, courts, European Union

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Etinski, Rodoljub. "The interrelationship between the European Convention on Human Rights and the Aarhus Convention." Zbornik radova Pravnog fakulteta, Novi Sad 52, no. 1 (2018): 1–15. http://dx.doi.org/10.5937/zrpfns52-17370.

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Lee, Maria, and Carolyn Abbot. "The Usual Suspects? Public Participation Under the Aarhus Convention." Modern Law Review 66, no. 1 (January 2003): 80–108. http://dx.doi.org/10.1111/1468-2230.6601004.

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Wates, Jeremy. "The Aarhus Convention: a Driving Force for Environmental Democracy." Journal for European Environmental & Planning Law 2, no. 1 (2005): 2–11. http://dx.doi.org/10.1163/187601005x00561.

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Jendrośka, Jerzy. "Recent Case-Law of the Aarhus Convention Compliance Committee." Journal for European Environmental & Planning Law 8, no. 4 (2011): 375–91. http://dx.doi.org/10.1163/187601011x604258.

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Darpö, Jan. "Article 9.2 of the Aarhus Convention and eu Law." Journal for European Environmental & Planning Law 11, no. 4 (November 13, 2014): 367–91. http://dx.doi.org/10.1163/18760104-01104004.

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One important means for the implementation of the third pillar of the Aarhus Convention into eu law is the provisions on access to justice in the eia Directive (2011/92). The case-law of the cjeu on those provisions has developed rapidly in the last couple of years. This body of cases has given the concept “access to justice in environmental decision-making” a new meaning and improved the understanding of the requirement for judicial protection under eu environmental law. The aim of this article is to highlight this development and discuss a couple of key issues on access to justice. First, the relationship between “direct effect” and the individuals “rights” and the principles of effectiveness and judicial protection according to eu law is analysed. Thereafter, the meaning of “substantive and procedural legality” and the distinction between general and personal interests in relation to individual’s standing are discussed. The next issue concerns the role of environmental non-governmental organisations. Finally, the concept “courts or tribunals” in environmental decision-making procedures is considered.

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Sobotta, Christoph. "New Cases on Article 9 of the Aarhus Convention." Journal for European Environmental & Planning Law 15, no. 2 (August 27, 2018): 241–58. http://dx.doi.org/10.1163/18760104-01502006.

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De Geyter, Jarne. "Revisiting the standing debate before the EFTA Court through the lens of post-Lisbon EU devlopments regarding locus standi." Nordic Journal of European Law 6, no. 3 (October 31, 2023): 130–57. http://dx.doi.org/10.36969/njel.v6i3.25183.

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The Lisbon Treaty broadened and relaxed the standing requirements before the EU Court of Justice by adding a third class of acts amenable to judicial review. In the meantime, the EU has moreover been found in breach of the Aarhus Convention twice for shortcomings in access to justice for environmental organisations. Hence, the Aarhus Regulation, which implements the Aarhus Convention at Union level, was revised in 2021, and possible further amendments with regard to state aid decisions are being examined at the moment. The current standing requirements before the EFTA Court by contrast still reflect the situation prevailing in the European Union before those EU pillar evolutions. This article revisits four judgments of the EFTA Court in light of these developments and analyses how the EFTA Court has dealt with the existing discrepancies before, and might or might not be able to deal with them in the future.

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Tarnavska, Mariana. "The norms of the Aarhus convention in terms of combining the right to a healthy environment and the duty to protect it." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 38 (June 22, 2023): 155–61. http://dx.doi.org/10.23939/law2023.38.155.

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By ratifying the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) Ukraine has committed itself to a change of established practices regarding the provision of environmental information and the right of the public to appeal to the court with claims for environmental protection. The implementation of the norms of this Convention has become quite problematic, not least due to the insufficient level of environmental awareness of Ukrainian society. However, positive changes in this area are still taking place, not least due to the active work of various public environmental organizations. It seems that the scientific study of the norms of the Aarhus Convention will also to some extent contribute to the progress of our state and society in the field of environmental protection. We consider it necessary to enshrine the "automatic" recognition of legal interest (i.e. the right to sue in matters relating to environmental protection) for any non-governmental environmental organization registered and operating in accordance with Ukrainian law. This will meet the requirements of Part 4 of Art. 3 of the Aarhus Convention, according to which our state ensures "proper recognition of associations, organizations or groups that contribute to the protection of the environment, and provides them with appropriate support and ensures compliance of its national legal system with this obligation" Among the trends that can be considered extremely positive is the recent legal conclusion of the Supreme Court in the case of banning the dolphinarium. In this case, the Supreme Court stressed that "the right to protection of the violated constitutional right to a safe environment belongs to everyone and can be exercised both personally and with the participation of a public representative". Given the binding nature of the Supreme Court's legal conclusions, we hope that this case will be a significant milestone in bringing domestic legislation and the practice of its application to the requirements of the Aarhus Convention.

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Bar, Magdalena. "Access to justice regarding plans and programmes related to the environment – Polish law in the light of Article 9.3 of the Aarhus Convention." Opolskie Studia Administracyjno-Prawne 21, no. 1 (August 13, 2023): 33–50. http://dx.doi.org/10.25167/osap.5005.

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Article 9.3 of the Aarhus Convention grants members of the public (meeting certain requirements, if a Party to the Convention so specifies) access to a review procedure (access to justice) to challenge acts or omissions by private persons or public authorities that contravene provisions of its national law relating to the environment. According to Article 2.4 of the Convention, non-governmental organisations should also be considered as "members of the public". According to the jurisprudence of the Aarhus Convention Compliance Committee, the activities of public authorities covered by the requirements of Article 9.3 of the Convention include adoption of plans and programmes which may have an impact on the environment. In accordance with the Polish law (often following the requirements of EU law), administrative authorities adopt a whole range of plans and programmes relating to the environment or having an impact on the environment. These documents are developed either by regional or local authorities (self-governmental authorities or regional government administration) or at the central level. Polish law provides very limited opportunities to challenge plans or programmes. With respect to documents created at the central level, there are no such possibilities at all, and with respect to documents created at lower levels, certain, limited, rights in this respect are granted only to private entities whose legal interest has been violated. The possibility for NGOs to challenge plans or programmes is completely excluded. Such a situation should be considered non-compliant with the Aarhus Convention.

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Rasquin, Christian. "“Unlocking Legal Gridlock in High-Income Countries: How Excessive Litigation Hampers Growth and Harms Democracy”." Law and Development Review 14, no. 2 (June 1, 2021): 665–88. http://dx.doi.org/10.1515/ldr-2021-0087.

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Abstract The paper focuses on rules of standing in the context of environmental law. With the implementation of the Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters (Aarhus Convention) in European law, interest groups have become major players in the enforcement of environmental regulations. Although such interest groups can help to reduce enforcement deficits, their involvements create the risk of regulatory gridlock, with excessive litigation lengthening approval processes which can discourage investment in public and private infrastructure. The paper discusses the implementation of the Aarhus Convention in Germany, highlights ways to overcome administrative gridlock and facilitate effective approval procedures. If implemented, these strategies will enable Germany’s economy to remain competitive, supporting the maintenance of the country’s high standard of living and strong welfare state.

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Vlajnić, Jelena. "Environmental protection in administrative procedure." Trendovi u poslovanju 11, no. 2 (2023): 91–100. http://dx.doi.org/10.5937/trendpos2302091v.

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The subject of this paper is the study of a certain segment of positive environmental law in the Republic of Serbia in the context of administrative legal protection. The leading international instrument in the field of environmental protection is the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). The Aarhus Convention rests on the so-called "pillars", the first two of which represent the availability of environmental information and public participation in decision-making. Therefore, the presentation of the administrative and legal protection of the environment in the Republic of Serbia will be presented from the aspect of these two elements, while in the final part of the paper, the application of some of the mentioned institutes will be considered using an example from practice.

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Relve, Kaarel, and Hannes Veinla. "Influence of the Aarhus Convention on Access to Justice in Environmental Matters in Estonia." European Energy and Environmental Law Review 14, Issue 12 (December 1, 2005): 326–31. http://dx.doi.org/10.54648/eelr2005045.

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This article examines the general principles of the Aarhus Convention, the basics of administrative court review in Estonia and how the Convention has influenced access to administrative courts by individuals and NGOs in environmental matters in Estonia where environmental standing has evolved into a very broad standing, if not into the broadest standing in Europe.

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Dudykina, I. P. "The Aarhus Convention in Russian and Foreign International Legal Doctrines." Moscow Journal of International Law, no. 4 (December 20, 2018): 96–109. http://dx.doi.org/10.24833/0869-0049-2018-4-96-109.

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Oraee-Mirzamani, Nikzad. "Corporate Environmental Disclosure Law, Fiduciary Duties and the Aarhus Convention." European Energy and Environmental Law Review 20, Issue 1 (February 1, 2011): 18–29. http://dx.doi.org/10.54648/eelr2011002.

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Rodoljub, Etinski. "Specific features of human rights guaranteed by the Aarhus Convention." Zbornik radova Pravnog fakulteta, Novi Sad 47, no. 2 (2013): 79–92. http://dx.doi.org/10.5937/zrpfns47-4437.

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이형석. "Public Environmental Litigation and Aarhus Convention: Based on British Cases." Environmental Law and Policy 14, no. ll (February 2015): 233–62. http://dx.doi.org/10.18215/envlp.14..201502.233.

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Antonelli, Andrea, and Andrea Biondi. "Implementing the Aarhus Convention: some lessons from the Italian experience." Environmental Law Review 5, no. 3 (September 2003): 170–78. http://dx.doi.org/10.1350/enlr.5.3.170.25220.

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Hartley, Nicola, and Christopher Wood. "Public participation in environmental impact assessment—implementing the Aarhus Convention." Environmental Impact Assessment Review 25, no. 4 (May 2005): 319–40. http://dx.doi.org/10.1016/j.eiar.2004.12.002.

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Marsden, Simon. "Book Review: The Aarhus Convention — A Guide for UK Lawyers." Journal of Environmental Assessment Policy and Management 17, no. 04 (December 2015): 1580003. http://dx.doi.org/10.1142/s1464333215800034.

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PALERM, JUAN R. "PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISION MAKING: EXAMINING THE AARHUS CONVENTION." Journal of Environmental Assessment Policy and Management 01, no. 02 (June 1999): 229–44. http://dx.doi.org/10.1142/s146433329900017x.

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After reviewing the development of public participation in environmental decision making, empirical/theoretical principles for public participation are proposed, based on Habermas's theory of communicative action. These principles are used to assess the Aarhus convention (AC), as well as the implications of the AC for the interpretation of EIA directive 85/337/EEC (amended by directive 97/11/EC) and the proposed directive on SEA.The results show that the AC falls short of the proposed principles in four fundamental aspects: (1) its need to ensure the participation of cognitively and lingually non-competent actors; (2) the need to have a two-way communication process; (3) the need to ensure normative and subjective claims are adequately recognised; and (4) the need to establish conflict management procedures. As well, the results show that the AC will set stricter standards for the interpretation of the public participation provisions in both the EIA directive and the proposed SEA directive.

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Wolf, Susan. "Access to EU environmental information: EU compliance with Aarhus Convention." ERA Forum 14, no. 4 (November 26, 2013): 475–91. http://dx.doi.org/10.1007/s12027-013-0327-7.

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Weiß, W., and E. Rom. "The Aarhus Convention and the Exclusion of State Aid Review:." European State Aid Law Quarterly 21, no. 4 (2022): 368–83. http://dx.doi.org/10.21552/estal/2022/4/4.

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Keessen, Andrea. "Reducing the Judicial Deficit in Multilevel Environmental Regulation: the Example of Plant Protection Products." European Energy and Environmental Law Review 16, Issue 2 (February 1, 2007): 26–36. http://dx.doi.org/10.54648/eelr2007004.

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This article takes the regulation of plant protection products as an example in order to evaluate the impact of the Aarhus Convention in a multilevel regulatory context. The author first gives an overview of the decision-making procedures in this field and discusses two judgments by the European Courts (C-174/05 Stichting Zuid-Hollandse Milieufederatie v College voor de toelating van bestrijdingsmiddelen and Joined Cases T-236/04 and T-241/04, European Environmental Bureau, Stichting Natuur en Milieu v Commission) to demonstrate why the current judicial review procedure presents a judicial deficit. She then evaluates the reduction of the judicial deficit in this field by the implementation of the rules on judicial review of the Aarhus Convention into the European legal order.

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Journal articles on the topic 'Aarhus Convention'

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