Journal Article

Access to the Courts of the Member States for NGOs in Environmental Matters under European Union Law

Bilun Müller

in Journal of Environmental Law

Volume 23, issue 3, pages 505-516
Published in print November 2011 | ISSN: 0952-8873
Published online October 2011 | e-ISSN: 1464-374X | DOI: https://dx.doi.org/10.1093/jel/eqr028
Access to the Courts of the Member States for NGOs in Environmental Matters under European Union Law

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In spring 2011, the European Court of Justice decided two important cases, both preliminary reference procedures, granting environmental non-governmental organisations (NGOs) wider access to the courts of the Member States. The German Case C-115/09 Trianel concerns access to justice aiming to enforce the provisions providing for public participation in decision-making, whereas the Slovak Case C-240/09 Lesoochranarske Zoskupenie is about controlling the enforcement of the provisions of environmental law other than those of access to environmental information and public participation. Both judgments come within the scope of the so-called Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters and interpret its Article 9. Both decisions have far-reaching consequences for environmental NGOs and access to justice in some Member States. This analysis examines these decisions closely with a view to putting them into context.

Journal Article.  4759 words. 

Subjects: Environment and Energy Law

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