Access to Justice in Environmental Assessments: A Critical Analysis
Explore the complexities of procedural participation and access to justice in strategic environmental assessments (SEA) and environmental impact assessments (EIA). Delve into the implications of the Aarhus Convention, overarching legal frameworks, and challenges faced in challenging these assessments, with a focus on the Belgian context and the City of Antwerp's building projects.
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Presentation Transcript
Procedural participation Access to justice in relation with SEA procedures Wouter Poelmans
Purpose of the research Conflict of interests in huge building projects E.g.: City of Antwerp (Oosterweel) Huge port and traffic jams Bigger infrastructure is necessary Tunnels or bridges? How do we do it? Environmental impact? NIMBY? Result: participation
Research Question Is there a right of access to justice for challenging a strategic environmental assessment and an environmental impact assessment?
Environmental assessments (SEA and EIA) Art. 8 SEA-directive: shall be taken into account Art. 8 EIA-directive: shall be duly taken into account
Belgian Council of State Unilateral administrative act Preparatory acts => not admissible However: preparatory acts can be admissible, if it s a preparatory final decision E.g.: public contracts
Aarhus Convention (1998) 3 pillars: Access to information Public participation on decision-making Access to justice in environmental issues Third pillar: art. 9 Aarhus Convention 9.3: violation of national law relating to the environment
Aarhus Convention (Art. 9,3) 4 aspects: Administrative or judicial procedures* Acts and omissions Private persons and public authorities Breach of the provisions of the national law relating to the environment Conclusion: approval of the SEA and EIA falls within the scope of Art. 9,3 Aarhus Convention.
Aarhus Convantion (Art. 9,3) Violation? Yes, because Council of State declared the appeal inadmissable? Question: Does the Aarhus Convention foresee a right of direct appeal? Implementation guide Does not determine that it must be final or binding Conclusion by Gruber (CJEU) You may not enforce an act that is not suable Purpose of the Aarhus Convention Protection of the environment No violation!!
ECHR Art. 6,1 ECHR: access to justice Limited scope: Determination of civil rights and obligations Case Karin Andersson/ Sweden Strategic plan falls within the scope of Art. 6,1 ECHR SEA and EIA? Right of immediate appeal No violation!
Conclusion Access to justice must be foreseen for environmental assessments in the light of the Aarhus Convention and the ECHR, buth the access must not be foreseen directly If access to justice is foreseen together with the plan or permission, there is no breach of the Aarhus Convention or the ECHR.
