Environmental Law Within the Framework of European Courts and UN Charters
Resumen
ABSTRACT
Access to justice is the concrete means of asserting everyone's right to respect for provisions protecting the environment. Does the European Union have vocation to guarantee effective judicial protection? This article presents a difference in treatment by Union law of access to national judges and access to his own court. Indeed, if access to national judges in litigation environmental rights, is widely promoted by Union law the access to Court of Justice is, on the contrary, rigorously framed in the law of the Union and in despite proposals and demands, no substantial development can be in the area of the environment.
Citas
ARTICLE 9-1: “Each Party shall ensure, within the framework of its national law, that any person who considers that the request for information which it has made under Article 4 has been ignored, rejected improperly, in whole or in part, or insufficiently taken into account or that it has not been treated in accordance with the provisions of this article, have the possibility to appeal to a judicial body or another independent and impartial body established by law ”.
ARTICLE 9-2: “Each Party shall ensure, within the framework of its national law, that members of the public concerned a) having a sufficient interest to act or, otherwise, b) asserting an infringement of a right, when the code of a Party's administrative procedure sets such a condition, may appeal to a body court and / or another independent and impartial body established by law to challenge the lawfulness, as to the merits and the procedure, any decision, any act or any omission falling under the provisions of article 6 and, if provided for in domestic law and without prejudice to paragraph 3 below, other relevant provisions of the this Convention ”.
ARTICLE 9-2: “Each Party shall ensure, within the framework of its national law, that members of the public concerned a) having a sufficient interest to act or, otherwise, b) asserting an infringement of a right, when the code of a Party's administrative procedure sets such a condition, may appeal to a body court and / or another independent and impartial body established by law to challenge the lawfulness, as to the merits and the procedure, any decision, any act or any omission falling under the provisions of article 6 and, if provided for in domestic law and without prejudice to paragraph 3 below, other relevant provisions of the this Convention ”.
BÉTAILLE, J. (2011). Access to justice in the European Union, the Compliance Review Committee of the Aarhus Convention Interferes in the Dialogue of European Judges: About Decision No ACCC / C / 2008/32 of April 14, 2011, EJN, n ° 4, 2011. pp. 547-562.
BÉTAILLE, J. (2011). Access to justice in the European Union, the Compliance Review Committee of the Aarhus Convention Interferes in the Dialogue of European Judges: About Decision No ACCC / C / 2008/32 of April 14, 2011, EJN, n ° 4, 2011. pp. 547-562.
CJEU, 8 March (2011). “Lesoochranárske zoskupenie VLK”, Case C-240/09, Rec. p. 1255, pt. 30.
CJEU, December 20, (2017). Protect considers that the request for information which it has made under Article 4 has been ignored, rejected improperly, in whole or in part, or insufficiently taken into account or that it has not been treated in accordance with the provisions of this article, have the possibility to appeal to a judicial body or another independent and impartial body established by law ”.
CJEU, June 29, (2010). E. and F. aff. C-550/09, Rec. p. 6213; CJEU, December 19, 2013, Telefonica / Commission European, aff. C-274/12 P, R e c. p. 852, pt. 56. See well before for the consecration of the concept of “Community of law”: CJEC, 23 Apr 1986, “Les Verts” / European Parliament, aff. 294/83, Rec. p. 1339, pt. 23.
COM of 28 April 2017, C (2017) 2616 final. This communication can be seen as a response - anticipated- from the Commission precisely to the decision of the Committee in charge of the application of the Convention of Aarhus: the case-law of the Court on access to national courtrooms is presented there as the mark of respect for this international commitment by the institutions of the Union.
COM of 28 April 2017, C (2017) 2616 final. This communication can be seen as a response - anticipated- from the Commission precisely to the decision of the Committee in charge of the application of the Convention of Aarhus: the case-law of the Court on access to national courtrooms is presented there as the mark of respect for this international commitment by the institutions of the Union.
Decision 2005/370 of 17 February (2005) on the conclusion on behalf of the European Community of the Convention on Access to Information, Public Participation in the Decision-Making Process and Access to Justice in environmental matters, OJEC of 17/05/2005, n ° L 124.
DOUGAN, M. (2013). The Treaty of Lisbonn 2007: Winning Minds, Not Hearts, C ML Rev., n ° 45, 2008, 678. See also, A. Vauchez, L’Union par le droit, Les presses de Sciences Po, 2013, 398 p.
Draft decision of the Compliance Committee of the Aarhus Convention concerning European Union No. ACCC / C / 2008/32 adopted March 17, 2017.
Draft decision of the Compliance Committee of the Aarhus Convention concerning European Union No. ACCC / C / 2008/32 adopted March 17, 2017.
LARSSEN, C. & JADOT, B. (2005). “The Aarhus Convention”, in Access to Justice in Environmental Matters, Bruylant, 2005, p. 219
See for a detailed view: F. Picod, Right to the judge and ways of Community law: a marriage of convenience, Mixtures in honor of P. Manin, The European Union, union of law, union of rights, Pedone, 2010, pp. 907-920.
STONE, C.D. (2017). “Should trees have standing?” Toward legal rights for natural objects, South California Law review, 2017, p. 450 and Should tree have standing? And other essays on law, morals and environment, Oceana Publications, New York, 1996, 181 p.
The Court of Justice first recognized it as a general principle of law, inspired by the Convention European Union of human rights and constitutional traditions common to the member states: ECJ, 15May 1986, Johnston, aff. 222/84, Rec. p. 1651, pt.
The TFEU established, in particular by its articles 263 and 277, on the one hand, and 267, on the other hand, a "systemfull of remedies and procedures intended to ensure control of the legality of acts of the Union, in entrusting him to the Union judge "(CJEU, 19 Dec. 2013, Telefonica / European Commission, cited above, pt. 57).
TRUILHÉ-MARENGO, E. (2015). “Environmental law of the European Union”, Larcier, Brussels, 2015, 409 p.
