ENVIRONMENTAL MATTERS IN THE ECJ CASE-LAW

Váradi, Ágnes (2017) ENVIRONMENTAL MATTERS IN THE ECJ CASE-LAW. In: MultiScience - XXXI. microCAD International Multidisciplinary Scientific Conference., 2017.04.20-2017.04.21., Miskolc.

Preview

Text microcad2017_varadiagnes.pdf Download (341kB) | Preview

Abstract

“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 191 of the Treaty on the Functioning of the European Union (hereinafter: TFEU) defines this way the main directions of the EU environmental policy. These fields cover, however, primarily substantial law measures. In order to achieve the goals and ensure that the factors of environmental protection are given sufficient consideration, it is inevitable to offer a procedural framework as well. The latter should reflect e.g. on the question of public participation. Environmental policy is, namely, a field where the social discussion is highly connected to scientific questions, economic interests and to the legal regulation. So, not only the general interest behind the protection of environment makes the participation of the public –including interested individuals, non-governmental organizations (hereinafter: NGOs) etc. – necessary in environmental matters, but also the high level of complexity behind the single issues.In order to strengthen and make more effective environmental protection policies, the European Community approved the UN/ECEConvention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter: Convention) by Council Decision 2005/370/EC of 17 February 2005. This way it has become part of the environmental policy of the European Union. In the following, the paper aims to give a general overview of, how the Court of Justice of the European Union (hereinafter: ECJ) interprets the rights and obligations stemming from the Convention, as well as the EU law complementing it.

Actions (login required)

Edit Item