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The Enforcement of EC Environmental Law$
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Pål Wennerås

Print publication date: 2007

Print ISBN-13: 9780199229017

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199229017.001.0001

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Judicial review before Community courts

Judicial review before Community courts

(p.215) 5 Judicial review before Community courts
The Enforcement of EC Environmental Law

Pål Wennerås

Oxford University Press

This chapter examines possibilities for individuals and NGOs to challenge the legality of environmental acts and omissions by Community institutions and bodies in direct actions before Community courts. The chapter proceeds as follows. Section 2 examines the ECJ's interpretation of the standing rules in Articles 230 and 232 EC, which is the framework in which the Aarhus Convention and Regulation 1367/2006 must work. Sections 3 and 4 analyze the right to internal review under Regulation 1367/2006, and the possibility of judicial review of the outcome of the internal review procedure, respectively. Section 5 examines possible flanking remedies in the context of the regulation, i.e., interim relief; section 6 considers community liability. Conclusions are drawn in section 7.

Keywords:   European Community law, environmental law, European Court of Justice, Article 230 EC, Article 232 EC, Aarhus Convention, Regulation 1367/2006

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