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Access to European Justice for Environmental Civil Society Organizations

Access to European Justice for Environmental Civil Society Organizations PDF Author: Inga Immel
Publisher: Europäische Hochschulschriften / European University Studies / Publications Universitaires Européennes
ISBN:
Category : Law
Languages : en
Pages : 318

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.

Access to European Justice for Environmental Civil Society Organizations

Access to European Justice for Environmental Civil Society Organizations PDF Author: Inga Immel
Publisher: Europäische Hochschulschriften / European University Studies / Publications Universitaires Européennes
ISBN:
Category : Law
Languages : en
Pages : 318

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.

The European Court and Civil Society

The European Court and Civil Society PDF Author: Rachel A. Cichowski
Publisher: Cambridge University Press
ISBN: 1139462350
Category : Political Science
Languages : en
Pages : 260

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.

Civic Space Scan of Finland

Civic Space Scan of Finland PDF Author:
Publisher:
ISBN: 9789264682696
Category :
Languages : en
Pages : 180

Book Description
At the global level, civic space is narrowing and thus efforts to protect and promote it are more important than ever. The OECD defines Civic Space as the set of legal, policy, institutional, and practical conditions necessary for non-governmental actors to access information, express themselves, associate, organise, and participate in public life. This document presents the Civic Space Scan of Finland, which was undertaken at the request of the Finnish government and is the first OECD report of its kind. OECD Civic Space Scans in particular assess how governments protect and promote civic space in each national context and propose ways to strengthen existing frameworks and practices. The Scan assesses four key dimensions of civic space: civic freedoms and rights, media freedoms and digital rights, the enabling environment for civil society organisations, and civic participation in policy and decision making. Each respective chapter of the report contains actionable recommendations for the Government of Finland. As part of the scan process, a citizens' panel - also overseen by the OECD - was held in February 2021 and generated a wide range of recommendations for the government from a representative microcosm of Finnish society.

Manual on Human Rights and the Environment

Manual on Human Rights and the Environment PDF Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287159807
Category : Science
Languages : en
Pages : 90

Book Description
Prepared by government experts from all 46 member states of the Council of Europe, this publication seeks to help promote a better understanding of the relationship between human fights and environmental issues by setting out details of relevant case-law of the European Court of Human Rights and the principles upon which these judgements are based. These include: the right to life (Article 2), the right to respect for family life (Article 8), the right to a fair trial and access to a court (Article 6) and the right to receive and impart information and ideas (Article 10) of the European Convention on Human Rights.

A Legal Analysis of NGOs and European Civil Society

A Legal Analysis of NGOs and European Civil Society PDF Author: Piotr Staszczyk
Publisher: Kluwer Law International B.V.
ISBN: 9403512520
Category : Law
Languages : en
Pages : 471

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.

Enforcement of European Union Environmental Law

Enforcement of European Union Environmental Law PDF Author: Martin Hedemann-Robinson
Publisher: Routledge
ISBN: 1135329990
Category : Law
Languages : en
Pages : 699

Book Description
Offering a detailed legal account of the various legal arrangements at EU level this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principle sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines and assesses the practical impact of the legal arrangements at EU level that are used for the purpose of upholding EU environmental norms. Providing a comprehensive account of the current state of EU environmental law enforcement and developments affecting it, Enforcing European Union Environmental Law focuses on the principal sources of EU environmental law enforcement, examining: the role of the European Commission the possibilities for private law enforcement the responsibilities of Member State national authorities. An essential read for those studying, researching and working in the areas of environmental and European Union law.

Civil Society Participation in European and Global Governance

Civil Society Participation in European and Global Governance PDF Author: J. Steffek
Publisher: Springer
ISBN: 0230592503
Category : Social Science
Languages : en
Pages : 261

Book Description
It is often argued that the enhanced consultation of civil society contributes to the democratization of European and global governance. This collection investigates whether this theoretical argument is supported by empirical evidence. Ten original essays analyze current patterns of civil society consultation in 32 intergovernmental organizations.

Responsible Innovation

Responsible Innovation PDF Author: Richard Owen
Publisher: John Wiley & Sons
ISBN: 1118551400
Category : Business & Economics
Languages : en
Pages : 361

Book Description
Science and innovation have the power to transform our lives and the world we live in - for better or worse – in ways that often transcend borders and generations: from the innovation of complex financial products that played such an important role in the recent financial crisis to current proposals to intentionally engineer our Earth’s climate. The promise of science and innovation brings with it ethical dilemmas and impacts which are often uncertain and unpredictable: it is often only once these have emerged that we feel able to control them. How do we undertake science and innovation responsibly under such conditions, towards not only socially acceptable, but socially desirable goals and in a way that is democratic, equitable and sustainable? Responsible innovation challenges us all to think about our responsibilities for the future, as scientists, innovators and citizens, and to act upon these. This book begins with a description of the current landscape of innovation and in subsequent chapters offers perspectives on the emerging concept of responsible innovation and its historical foundations, including key elements of a responsible innovation approach and examples of practical implementation. Written in a constructive and accessible way, Responsible Innovation includes chapters on: Innovation and its management in the 21st century A vision and framework for responsible innovation Concepts of future-oriented responsibility as an underpinning philosophy Values – sensitive design Key themes of anticipation, reflection, deliberation and responsiveness Multi – level governance and regulation Perspectives on responsible innovation in finance, ICT, geoengineering and nanotechnology Essentially multidisciplinary in nature, this landmark text combines research from the fields of science and technology studies, philosophy, innovation governance, business studies and beyond to address the question, “How do we ensure the responsible emergence of science and innovation in society?”

Greening International Jurisprudence

Greening International Jurisprudence PDF Author: Cathrin Zengerling
Publisher: Martinus Nijhoff Publishers
ISBN: 9004257314
Category : Law
Languages : en
Pages : 404

Book Description
Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. The analytical structure of the study is based on four aspects of discussion and research: the enforcement deficit in environmental law; global environmental governance and sustainable development; the proliferation of international judicial and quasi-judicial bodies; and deliberation and democratic global governance. Author Cathrin Zengerling analyses the institutional structure, as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court. Researchers, practitioners, and students of international environmental law will find an important, thought-provoking and timely new text in Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees.

Transnational Activism in the UN and the EU

Transnational Activism in the UN and the EU PDF Author: Jutta Joachim
Publisher: Routledge
ISBN: 1134063873
Category : Political Science
Languages : en
Pages : 201

Book Description
Comparing non-governmental organizations (NGOs) in the United Nations and the European Union across a range of different issue areas, this volume examines how the choice of venue and institution affects the strategies of NGOs. Despite significant differences with respect to their scope, membership as well as their institutional rules, the authors find that the UN and the EU have surprisingly similar effects on civil society organizations and regulate access in such a way that it significantly constrains the agency of NGOs. Highlights include: A comprehensive outline of the volume’s main research questions, situated within the existing literature on the topic Eight case studies of NGO involvement in the UN and the EU across a range of different areas, including human rights, the environment, socio-economic and security issues A theoretically grounded summary of case study findings, challenging the findings of previous studies regarding the power of NGOs A discussion of the finding’s implications for the broader literature, as well as for studies relating to the EU and the UN in particular Transnational Activism in the UN and the EU will be of interest to students and scholars of International Relations, European Studies, and Global Politics. Jutta Joachim is Associate Professor of Political Science at the University of Hannover, Germany. Birgit Locher is a Research Fellow at the Institute of Political Science at the University of Tübingen, Germany.