The 2013 Study of the European Commission on the Implementation of Articles 9.3 and 9.4 of the Aarhus Convention: Access To Justice And Effective Remedies

The European Commission promoted an important survey in the member States on the implementation of articles 9.3 and 9.4 of the Aarhus Convention (concerning access to justice and effective remedies in environmental matters). The final documents were uploaded in 2013 on the Commission’s website and they consist of a summary report and of 28 national reports provided for by the member States. These documents are important sources to understand how environmental justice is carried out in Europe and which barriers and difficulties may hinder the full implementation of the Aarhus Convention’s obligations. The reports, in fact, focus on some crucial aspects regarding the effectiveness of environmental protection like standing requirements, effective remedies, such as injunctive relief or other forms of inhibition of dangerous activities while the legal action is pending, procedural costs and other potential barriers to effective access to justice. On the basis of the above mentioned documents, the current paper will provide some examples about the organisation of environmental justice in the EU member States. A few case-studies have been selected to represent the main trends. Some preliminary remarks will be devoted to the Aarhus Convention and to the debate on courts’ specialization.