1. Effective remedies – Do they exist?
Jan Darpö
Faculty of Law
Uppsala Universitet
Task Force Meeting,
Geneva

2. “Adequate and effective remedies, including injunctive relief”
Three pillars
“Adequate and effective remedies, including injunctive relief”
(Art. 9.4)
“Public participation cannot be effective without (…) enforcement, through access to justice under the third pillar.”
(Implementation Guide p. 85)
jajaja

3. Environmental “interests”
Future gene-
rations
Public
Courts
NGOs
Supervisoryauthority
Public concerned

4. Permit-procedures The appeal and suspensory effect
Administrative appeal or judicial review?
Are all actors/interests treated equally?
Time-aspects…

5. On-going activities Is the authority obliged to take a decision?
Are zero-decisions appealable?
Legality-control or the full case on the merits and the result of the appeal?
Can PC go directly to court?

6. Restoration and sanctions
Damages only for own interest or on behalf of the environment?
Who can trigger administrative enforcement?
Public or private prosecution?