The Right to a Fair Trial and the Right to an Effective Remedy in Environmental Protection (Perspective of the ECtHR Case Law Under Articles 6 and 13 ECHR)

Majchrzak, Bartosz (2026) The Right to a Fair Trial and the Right to an Effective Remedy in Environmental Protection (Perspective of the ECtHR Case Law Under Articles 6 and 13 ECHR). In: Human Rights and Environmental Protection from a Centraland Eastern European Perspective. Human Rights – Children’s Rights; Human Rights and Rule of Law (XI; 3). Central European Academic Publishing, Miskolc, Budapest, pp. 235-257. ISBN 9786157027206; 9786157027213; 9786157027220

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Abstract

This paper provides a detailed overview of the jurisprudence of the European Court of Human Rights on the application of Articles 6 and 13 of the Convention for the Protection of Human Rights and Funda menta l Freedoms in env ironmenta l cases, high light ing t he specific nat ure of t his case law. T he study examines: the predominance of cases relating to the civil limb of Article 6 § 1 of the Conven-tion, the catalogue of civil rights relevant to environmental matters, the entitlement of environmen-tal associations to claim or exercise such rights (the associations’ standing), the “directly decisive” outcome of domestic proceedings for applicants’ civil rights, the application of Articles 6 § 1 and 13 to general acts, and the interrelation between these provisions. Reference material includes the Court’s jurisprudence in “key cases”, and those concerning Central and Eastern European countries.

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