To the Bitter End: The Limits to the CJEU's Interpretation of Locus Standi in Environmental Matters

Autor: Vomáčka Vojtěch
Jazyk: angličtina
Rok vydání: 2019
Předmět:
Zdroj: Efficient Collective Redress Mechanisms in Visegrad 4 Countries: an Achievable Target?
Popis: This chapter provides an insight to the current status quo of the CJEU's interpretation of locus standi in environmental matters, a brief analysis of implementing the requirements of the Aarhus Convention and outlook into possible future shaping of the access to justice at the EU level. It summarises the explanatory notes for the contribution presented in Prague on 23 November 2018 at the international conference Efficient collective redress mechanisms in Visegrad 4 countries: an achievable target? The author concludes that there are several options for the EU to meet the requirements of access to justice in environmental matters that would strengthen public interest litigation at the EU level. However, assuming the CJEU does not change its approach to the interpretation of Article 263 TFEU, the only option open to the Commission to remedy the current violation of international law by the EU is to propose an amendment of the so-called Aarhus Regulation. This chapter provides an insight to the current status quo of the CJEU's interpretation of locus standi in environmental matters, a brief analysis of implementing the requirements of the Aarhus Convention and outlook into possible future shaping of the access to justice at the EU level. It summarises the explanatory notes for the contribution presented in Prague on 23 November 2018 at the international conference Efficient collective redress mechanisms in Visegrad 4 countries: an achievable target? The author concludes that there are several options for the EU to meet the requirements of access to justice in environmental matters that would strengthen public interest litigation at the EU level. However, assuming the CJEU does not change its approach to the interpretation of Article 263 TFEU, the only option open to the Commission to remedy the current violation of international law by the EU is to propose an amendment of the so-called Aarhus Regulation.
Databáze: OpenAIRE