1 / 8

Standing of Private Parties aiming to ensure species protection before the Dutch courts

Standing of Private Parties aiming to ensure species protection before the Dutch courts. Recent developments in legislation and case law. Overlaps between Environmental Law & Animal Law. Interplay Court Proceedings to protect wildlife - Hamstercase.

vanya
Download Presentation

Standing of Private Parties aiming to ensure species protection before the Dutch courts

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Standing of Private Partiesaiming to ensure species protection before the Dutch courts Recent developments in legislationand case law.

  2. Overlaps betweenEnvironmentalLaw & AnimalLaw

  3. Interplay Court Proceedings to protect wildlife - Hamstercase • Administrativeactions before Administrative Courts Council of State • Suspension andannulation 2. CivilActions beforeCivilCourts • Summary andregularproceedings • CriminalProceedings • Requestenforcementenvironmentalregulation 3. European/International dimension

  4. Common denominatorforadmissibility to the court: beinga legal subject and…. • Whogets to be a Legal Subject? E.g. Article 3:2a ‘Animals’ Dutch Civil Code “1. Animals are notthings 2. Provisionsrelating to things are applicable to animals, withdueobservance of the limitations, obligations, andlegalprinciplesbased on statutoryrulesandrules of unwrittenlaw, as well as of public order and public morality. “ • Doctrine: CassSunstein, Jonathan Verschuuren, Steven Wise • Status Quaestionis

  5. …havinga legal interest

  6. Dutch Wildlife Cases before the administrative courts

  7. Concludingremarks/Outstandingquestions • 3rd pillar divergencesthroughout MS, standing rulesinterwovenwithnationallegal systems • Admissibility is not the obstacleitonceusedtobe • In search for a justificationfor the distinctionbetweennatural persons andenvironmentalorganisationstopursuetheiridealisticobjectives • Improved access for wild animals, as they are coveredby the scope of application of environmentallaw(whatabout non-wild animals?)

  8. Thankyou • Contact details • j.s.v.dubrulle@tilburguniversity.edu • Involvement • Research project Ius Carnivoris • https://www.tilburguniversity.edu/about/schools/law/about/departments/eip/research/carnivores/ • AnimalLaw Blog • www.animallaw.wordpress.com

More Related