Access to European Justice for Environmental Civil Society Organizations PDF Download

Author: Inga Immel
Publisher: Europäische Hochschulschriften / European University Studies / Publications Universitaires Européennes
ISBN:
Category : Law
Languages : en
Pages : 318

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Book Description
This book examines, in line with the demands of the Aarhus Convention, the participation opportunities for civil society organizations in the area of environmental protection at the European Union (EU) Institutions throughout the policy cycle as a whole. The study aims at alleviating the paradox that arises in litigation in environmental matters before the European Court of Justice. For this purpose, the current standing rules are assessed and potential reforms are discussed in detail. Based on the rules existing in, for instance, the EU Member States and the USA, the author formulates a proposal for a new article in the Statutes and Rules of Procedure of the European Court of Justice to allow for the submission of amicus curiae briefs.

Author: Piotr Staszczyk
Publisher: Kluwer Law International B.V.
ISBN: 9403512520
Category : Law
Languages : en
Pages : 471

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Book Description
Amid widespread awareness and discussion of “the democratic deficit” and “shrinking civil space,” the role of nongovernmental organizations (NGOs) becomes increasingly important. Yet the precise legal status of such bodies is ill-defined. Here, for the first time, is a thorough commentary and analysis of the position of NGOs and European civil society in the European Union (EU) constitutional system, bringing to the fore existing and desirable means of public participation in EU lawmaking. Recognizing that NGOs have historically been designed to meet the ends of civil society, the analysis focuses on the following topics and issues: means in EU law of advocating for the collective interests of civil society; unofficial means of influencing the EU institutions; access to documents and the European Citizens’ Initiative as means of exerting pressure on EU legislation; relations between the EU institutions and NGOs, including lobbying activities; bringing actions in the common good before courts and other institutions; the special role of NGOs in environmental protection; complaints to the Commission and the European Ombudsman; EU funding for NGOs; and transboundary philanthropy. Drawing on a broad spectrum of sources of law, including CJEU case law and relevant legal literature, the book offers insightful proposals leading to the democratization of the EU’s internal procedures that will allow enhanced cooperation of civil society representatives across national borders. In its thorough examination of legal tools that can respond to the “democratic deficit,” this book makes a distinctive contribution to the public debate on the future of the European Union, especially in the context of emerging threats to further integration. It will prove of great value not only to civil activists, academics and policymakers but also to everyone interested in European integration and affordance for social participation.

Author: Linda Malone
Publisher: Island Press
ISBN: 1597265942
Category : Law
Languages : en
Pages : 384

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Book Description
Defending the Environment provides the means for nongovernmental organizations, community groups, and individuals to bring environmental and public health problems to the attention of international courts, tribunals, and commissions, or to their domestic counterparts. It suggests specific strategies and provides detailed information for taking action. This revised and updated edition also contains new case studies of the application of those strategies that has occurred in recent years. Each chapter provides a description of the institutional mechanisms that can potentially receive, review, and remedy the alleged violation, along with a set of guidelines that explain how the reader can employ a particular strategy, and an example that indicates the effectiveness of a given strategy. In addition, the book offers an appendix that lists individuals and organizations who can assist with the various strategies described. Defending the Environment represents the first concise, comprehensive guide to international environmental law and institutions that offers readers hands-on strategies for addressing environmental and public health problems.

Author: Elena Petkova
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 172

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Book Description
This report includes analysis of national systems for public participation in nine countries - Chile, Hungary, Indonesia, India, Mexico, Thailand, South Africa, Uganda and the USA - and calls for reforms in the policy and practices of governments, donors, and international organizations for implementation of the commitments made at Rio to access information, participation and justice in decision-making.

Author: Rachel A. Cichowski
Publisher: Cambridge University Press
ISBN: 1139462350
Category : Political Science
Languages : en
Pages : 260

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Book Description
The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.

Author: Sune Impgaard Schou
Publisher:
ISBN:
Category :
Languages : en
Pages : 316

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Book Description

Author: Mar Campins Eritja
Publisher: Routledge
ISBN: 1000284638
Category : Law
Languages : en
Pages : 186

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Book Description
This book examines how the EU can be a more proactive actor in the promotion of the principles of sustainability and fairness from a legal environmental perspective. The book is one of the results of the research activity of the Jean Monnet Chair in EU Environmental Law (2017-2020) funded by the European Commission under the Erasmus+ programme. The European Union and Global Environmental Protection: Transforming Influence into Action begins with an introduction of the key EU competences, instruments and mechanisms, as well as the current international challenges at the EU level. It then explores case study examples from four regulated fields: climate change, biodiversity, multilateral trade, unregulated fishing, and access to justice; and four unregulated areas: mainstreaming of the Sustainable Development Goals in EU policies, and environmental justice, highlighting the extent to which the EU might align with international environmental regimes or extend its normative power. This volume will be of great relevance to students, scholars, and EU policy makers with an interest in international environmental law and policy.

Author: Bojana Todorovic
Publisher: Hart Publishing
ISBN: 150997962X
Category : Law
Languages : en
Pages : 0

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Book Description
This book analyses the ways in which Article 9 of the Aarhus Convention enables environmental access to justice in the Balkans, a region at the epicentre of extreme climate change events. Adopting a law-in-context approach, the chapters explore national cultures and driving forces shaping the implementation of Aarhus standards in Albania, Croatia, Montenegro, North Macedonia, Romania, Slovenia, and Serbia, paving the way for their comparative assessment. The book combines EU law and the case law of the European Court of Human Rights with the bottom-up Europeanisation brought about by rising environmental protests and the activism of civil society organisations in the region. In doing so, it explores the extent to which these Balkan countries comply with requirements stemming from Article 9 of the Aarhus Convention, and whether, despite national differences, it is possible to talk about Europeanisation of access to justice in environmental matters. The interdisciplinary approach and geographical scope of the book make it an important read for academics and practitioners, as well as for the civil society sector and policy makers grappling with the normative and practical challenges around environmental access to justice – both in and beyond Europe.

Author: Marc Pallemaerts
Publisher: Apollo Books
ISBN: 9789089520487
Category : Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters
Languages : en
Pages : 472

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Book Description
On 30 October 2011, it will be exactly ten years ago that the Convention on Access to information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed by representative of 35 States and the European Community at a pan-European ministerial conference in the Danish city of Aarhus in 1998, entered into force. This multilateral treaty, negotiated under the auspices of the UN Economic Commission for Europe, represents the most comprehensive and ambitious effort to establish international legal standards in the field of citizens' environmental rights to date. Though some of these standards were inspired by earlier EU environmental legislation, many provisions of the Aarhus Convention went beyond the rights already guaranteed by the EU and compelled the European Commission to propose new legislature acts, most of which were adopted between 2003 and 2006, to bring EU environmental law up to the Convention's standards. Since its adoption over a --

Author:
Publisher:
ISBN: 9789284679317
Category :
Languages : en
Pages :

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Book Description
This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, explores the concept of ''Rights of Nature'' (RoN) and its different aspects in legal philosophy and international agreements, as well as in legislation and case-law on different levels. The study delves on the ideas of rights of nature in comparison with rights to nature, legal personhood and standing in court for natural entities, and analyses ECtHR and CJEU case-law on access to justice in environmental decisionmaking. It emphasises, in particular, the need to strengthen the requirements for independent scientific evaluations in certain permit regimes under EU law. The study also highlights the crucial importance of promoting the role of civil society as watchdog over the implementation of EU environmental law by way of a wider access to justice via both the national courts and the CJEU, which is also in line with the political priorities for delivering the European Green Deal.