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Environmental Law Dimensions of Human Rights$
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Ben Boer

Print publication date: 2015

Print ISBN-13: 9780198736141

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198736141.001.0001

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The EU Courts and Access to Environmental Justice

The EU Courts and Access to Environmental Justice

Chapter:
(p.107) 4 The EU Courts and Access to Environmental Justice
Source:
Environmental Law Dimensions of Human Rights
Author(s):

Ludwig Krämer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198736141.003.0005

The chapter analyses the jurisprudence of the Court of Justice of the European Union (CJEU) with regard to the standing of individuals and environmental organizations in environmental matters. It traces the evolution of this jurisprudence back to the early 1960s, which was then based on the so-called Plaumann doctrine. That doctrine had been transposed directly to the environmental sector, which resulted in environmental organizations having no standing ever granted to them, as it was not considered to be directly and individually concerned with an environment-related measure. The contribution describes efforts to reach a less restrictive interpretation of the present Article 263 TFEU; it demonstrates that the CJEU’s argument, according to which another interpretation of that article would require an amendment of the EU Treaties, is a political argument, as the Court itself has, in the past, interpreted the predecessors of that article contra legem.

Keywords:   access to justice, Court of Justice of the European Union, standing to sue, jurisprudential developments, recognition of non-government organizations, Aarhus Convention, EC Treaty, Lisbon Treaties

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