In two of its latest rulings the ECJ determined that according to the Aarhus Convention also general measures of the EU such as certain regulations or directives have to be possible subjects of remedy proceedings. Thereupon environmental organisations are now able to legally check certain measures of the EU against the Aarhus Convention and are furthermore able to file these cases to the ECJ.
In a recent ruling the Austrian highest administrative court pointed out that legal standing in Austrian EIA procedures has to be granted to Hungarian administrative bodies if their “neighbour rights” are affected. Furthermore the ruling sets standards for the distinction between rejections or dismissals of objections in the judgement and the reasons of an notification.
J&E carried out a comparative analysis of provisions of the Environmental Liability Directive, the Lugano Convention and the draft of respective provisions of the UNEP from 2009. The study shows weak points of the current version of the Directive especially in terms of its scope and was sent to the EC to be part of the revision process of the Directive in 2014.
geändert am 18.07.2012