1. Acess to justice and REMEDIES
Jan Darpö
Faculty of Law
Uppsala Universitet

2. Three pillars
Art. 9.4: “adequate and effective remedies, including injunctive relief”
“Public participation cannot be effective without access to information, as provided under the first pillar, nor without the possibility of enforcement, through access to justice under the third pillar.” (Implementation Guide p. 85)”

3. Systematic approach and studies in detail
“Criminal law is part of public law.
Civil law is divided into public law and private law”
McKenna-report 1996: Study of civil liability systems for remedying environmental damage,
p. 4 (Denmark)

4. Environmental “cases”
Future gene-
rations
NGOs
Public
Supervisoryauthority
Public concerned

5. “Inside” the administrative system
Adm appeal-
body/tribunal
Adm
court
Authority/
permit-body

6. “Inside” the administrative system
Appeal from the public/parties/other
Suspension/inhibition
Legality or expediency (“on the merits”)
Interests
Result of appeal
Finland;
Germany;
UK (England and Wales)

7. “Inside” the administrative system
ON-GOING OR TERMINATED ACTIVITY
Obligation for authority to act
Passivity (“0-decisions”)
Margin of appreciation
Precautionary measures/adm measures
Sweden;

8. The civil/criminal system
court

9. Direct citizens’ action
Court-order  operator
Court-order  sup. authority
Injunctions
Economic compensation
Criminal sanctions
UK (England and Wales)

10. Key-issues Major and minor activities
Media, disturbances, green/blue/brown
Integrated or single approach
Planning and preliminary decisions
Local – regional – national
Inquisitorial principle – civil procedure
Permits
Administration and courts

11. Remedies Suspension/interim injunction Permit/conditions
EIA/Investigation
Precautionary measures
Stop activity
Reparation

12. Remedies Administrative enforcement Execution Criminal sanctions
Damages

13. Situations The IPPC-activity The planned high-way
…individually or in combination…
The junk-yard
The saw-mill
Burning cable…