Access to justice remedies
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Access to Justice: Remedies. Article 9.4 of the Aarhus Convention and the Requirement for Adequate and Effective Remedies, Including Injunctive Relief . Past Studies and Other Sources. Milieu Report (2007) Justice and Environment’s Report on Access to Justice in Environmental Matters (2010)

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Access to Justice: Remedies

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Access to justice remedies

Access to Justice: Remedies

Article 9.4 of the Aarhus Convention and the Requirement for Adequate and Effective Remedies, Including Injunctive Relief


Past studies and other sources

Past Studies and Other Sources

  • Milieu Report (2007)

  • Justice and Environment’s Report on Access to Justice in Environmental Matters (2010)

  • Global Legal Group, The International Comparative Legal Guide to Environment Law 2010

  • Books

    • Access to justice in environmental matters in the EU, edited by Jonas Ebbesson (2002)

    • Access to justice in environmental matters and the role of NGO by de Sadeleer, Roller, and Dross (2005)

  • Websites, NIRs, REC training materials


Key issues

Key Issues

  • Improving injunctive procedures

    • Suspensive effect

  • Promoting efficient resolution through administrative procedures

    • Tribunals and quasi-judicial bodies

    • Ombudsman


Injunctions

Injunctions

  • Periculum in mora

    • Danger of damage to the environment

    • Danger to the enforceability of the proceedings

  • Prima facie case

  • Personal harm

  • Weighing of interests


Barriers to effective injunctive relief

Barriers to Effective Injunctive Relief

  • Criteria too restrictive

  • Interpretation of criteria too restrictive

  • Vagueness

  • Bond

  • Threat of lawsuit

  • Lack of independent injunctive procedure

  • Enforcement and education problems


Key issues1

Key Issues

  • Improving injunctive procedures

    • Suspensive effect

  • Promoting efficient resolution through administrative procedures

    • Tribunals and quasi-judicial bodies

    • Ombudsman


Barriers to the effectiveness of the ombudsman

Barriers to the Effectiveness of the Ombudsman

  • Discretion to launch investigations

  • Lack of resources

  • Lack of suspension of administrative decision or judicial appeals period

  • Lack of independence

  • Lack of environmental knowledge


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