The draft of the amendment of Tyrolean´s administrative jurisdiction contains far reaching negative effects on nature conservation in Tyrol. It is planned to bann the environmental ombudsman´s access to justice against decisions of first instance in nature conservation proceedings. This basically would constrict his competences in his major working field. In fact the Tyrolean Ombudsman for the Environment is already disadvantaged in comparison to other Ombudsmen for the Environment in Austria because he is bound to the instructions of the Tyrolean administrative body (no independent body) and additionally he is not able to file a complaint with the Administrative Court. If this amendment enters into force a next step in the direction of environmental related proceedings without access to justice for members of civil society, would be taken - which cannot be accepted!
Environmental Action Programs have elaborate strategic approaches concerning the EU's environmental policies since the 1970`s. The European Commission is currently preparing the 7th Environment Action Program developing priority objectives to be attained. During the preparation of the program a public consultation was conducted and many relevant stakeholders contributed with their statements. From an environmental organization`s perspective the EC´s draft document needs to be revised and especially the following points should be incorporated into the final 7th EAP:
Based on 2009's analytical work Justice & Environment carried out a legal analysis on costs of administrative and judicial remedies in 2011 with additional questions incorporated. It provides an overview of significant changes the researched countries went through in respective areas and sets up recommendations in order to guarantee a practice of access to justice not prohibitively expensive.
geändert am 25.09.2012