Access to Justice in Environmental Matters Trier 9 July 2018 Anders Bengtsson

legitimate interests are protected and the law is enforced, Recital 18 Concerned that effective judicial mechanisms should be accessible to the public, including organisations, so that its legitimate interests are protected and the law is enforced, VÄXJÖ TINGSRÄTT

Article 9 ACCESS TO JUSTICE 1. Any persons request for information - access to a review procedure before a court of law or another independent and impartial body established by law. 2. Members of the public concerned (sufficient interest /incl. NGOs/ or impairment of a right) review procedure before a court of law and/or another independent and impartial body established by law. Review substantive and procedural legality of any decision, act or omission subject to the provisions of article 6 (public participation) 3. Members of the public access to administrative or judicial procedures to challenge acts and omissions by private persons and public authorities which contravene provisions of its national law relating to the environment. 4. Adequate and effective remedies, including injunctive relief as appropriate, and be fair, equitable, timely and not prohibitively expensive

The EU-Treaties Article 19 TEU 1.   The Court of Justice of the European Union shall include the Court of Justice, the General Court and specialized courts. It shall ensure that in the interpretation and application of the Treaties the law is observed. Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law. Article 191 TFEU Union policy on the environment shall contribute to pursuit of the following objectives: preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources, promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. Article 216 (2) TFEU: Agreements concluded by the Union are binding upon the institutions of the Union and on its Member States. VÄXJÖ TINGSRÄTT

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION Article 37 Environmental protection A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development. Article 47 Right to an effective remedy and to a fair trial Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice. VÄXJÖ TINGSRÄTT

Access to Justice The right to standing Private persons Environmental NGOs Scope of Judicial Review Possible grounds of judicial review Intensity of scrutiny/standard of review Effective Remedies - Efficiency of Procedures Costs Time Limits, Timeliness

Some important cases C-237/07 Janacek C-263/08 Djurgården-Lilla Värtans Miljöskyddsförening C-115/09 Trianel – and the ”Schutznormtheorie” C-240/09 Slovac Brown-bear-case C-427-07 Commission vs. Ireland C-182/10 Solvay and C-128/09 a.o. Boxus C-260/11 Edwards C-416/10 Krizan C-72/12 Altrip VÄXJÖ TINGSRÄTT

Some new cases 1/6-17 C-529/15 Gert Folk 26/7-17 C-196/16 and C-197/16 Comune di Corridonia a.o. 19/10-17 C-281/16 Vereniging Hoekschewarrds Landschap 20/12-17 C-664/15 Protect Natur-, Arten und Landschaftsschutz 15/3-18 C-470/16 North East Pylon 5/6-18 C-167/17 Volkmar Klohn T-330/18 Armando Ferrao Carvalho a.o. ./. EU Parliament, the Council (General Court) VÄXJÖ TINGSRÄTT

Some useful links http://www.jandarpo.se/ http://ec.europa.eu/environment/aarhus/legislation.htm https://e-justice.europa.eu/home.do http://www.unece.org/env/pp/cc http://nordiskmiljoratt.se/

The Wind Mills Case

Areas pointed out as of national interest for windenergy

Case study – the wind mills Private persons NGOs Language problems The scope of the courts review Costs etc. VÄXJÖ TINGSRÄTT