3 - Access to Justice before EU Courts in Environmental Cases against the Backdrop of the Aarhus Convention: Balancing Pathological Stubbornness and Cognitive Dissonance?

Summary

By ratifying the Aarhus Convention in 2005 the EU committed itself to guaranteeing broad access to justice in environmental matters at both national and EU levels. Yet in spite of its clear obligations, EU courts have consistently debunked pleas for softening of requirements in direct actions against EU acts in environmental law. The internal review procedure set out by the 2006 Aarhus Regulation (AR) has also been interpreted so restrictively that its added value in striving for better access to courts in environmental matters remains ephemeral. The chapter analyses recent jurisprudence, with emphasis on the repercussions of landmark rulings of January 2015 on the AR's compatibility with Article 9(3) AC. Against the backdrop of the dispute on access to justice in EU environmental law, which gradually evolved into a standoff between the EU institutions and the environmental movement, it discusses the legal arguments and addresses solutions for overcoming the existing deadlock. Potential alternative scenarios to deal with this major flaw in the EU legal order are sketched out and assessed against the backdrop of the EU’s international commitments and recent findings of the Aarhus Compliance Committee.