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

2. 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,
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3. 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

4. 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.
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5. 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.
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6. 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

7. 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 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
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8. 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)
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9. Some useful links http://www.jandarpo.se/

10. The Wind Mills Case

11. Areas pointed out as of national interest for windenergy

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