Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky (Slovak Brown Bears)
Article 9(3) of the Aarhus Convention does not have direct effect in EU law, but national courts must interpret national procedural law as far as possible to enable environmental organisations to challenge decisions.
Facts
A Slovak environmental association wished to take part in administrative proceedings about the granting of derogations from the protection of the brown bear, a protected species under the Habitats Directive, which would allow hunting of bears. The Slovak authorities refused to allow the association to take part, because it was not a party to the proceedings under Slovak law. The association relied on article 9(3) of the Aarhus Convention, which provides that members of the public should have access to procedures to challenge acts and omissions which contravene environmental law.
Legal principle
The Court of Justice held that article 9(3) of the Aarhus Convention does not have direct effect, because it is not sufficiently clear and precise and is subject to the adoption of measures under national law. However, the national court must interpret its national procedural law, to the fullest extent possible, consistently with the objectives of article 9(3) and the objective of effective judicial protection of the rights conferred by EU law, so as to enable an environmental organisation to challenge before a court a decision liable to be contrary to EU environmental law.
Related cases on public participation, information and access to justice
- Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012, [2015] 1 WLR 62
- Bund für Umwelt und Naturschutz Deutschland v Bezirksregierung Arnsberg (Trianel) Case C-115/09, [2011] ECR I-3673
- Commission v United Kingdom (Costs in environmental cases) Case C-530/11, EU:C:2014:67
- Edwards and Pallikaropoulos v Environment Agency Case C-260/11, EU:C:2013:221
- Fish Legal v Information Commissioner Case C-279/12, EU:C:2013:853
- Morgan v Hinton Organics (Wessex) Ltd [2009] EWCA Civ 107
- Office of Communications v Information Commissioner Case C-71/10, [2011] ECR I-7205
- R (Edwards) v Environment Agency (No 2) [2013] UKSC 78, [2014] 1 WLR 55
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