Partecipazione ai processi decisionali ed accesso alla giustizia in materia ambientale: riflessioni a partire dalla recente giurisprudenza della Corte di Giustizia

Participation in decision making and access to justice in environmental matters: some reflections about the recent EUCJ case law

Abstract

Abstract: This paper addresses the issue of the right of access to information, participation in decision making and access to justice in environmental matters, on the basis of the Aarhus Convention. The reflection arises from a dispute between the Lesoochranarskezoskupenie VLK (Association for the Protection of Forests), and Obvodnyurad Trencin (district office in Trencin, Slovakia), about the instance of the association of recognition of status as a party in the administrative procedure. Article 47 of the Charter of Fundamental Rights of the European Union, in conjunction with Article 9, par. 2 and 4, of the Aarhus Convention provides for the effective judicial protection of the rights attributed to an environmental organization that meets the requirements prescribed by Article 2, par. 5, of the Convention and Article 6, par. 3 of Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna.

Keywords: Access; Information; Participation; Administrative procedure; Environmental organization