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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

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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