Abstract

This article examines whether the European Union (EU) has duly implemented its obligations regarding access to justice in environmental matters. On the one hand, a couple of directives have been revisited so as to oblige Member States to foster better access to justice in accordance with the Aarhus Convention. Through recent significant decisions, the EU judiciary has partially filled the legislative gap by showing its willingness to grant EU citizens effective remedies. On the other hand, the EU courts remain hardly accessible, if not inaccessible, to both individuals and environmental associations. The relevant case-law is critically assessed inter alia in the light of the 2011 draft findings of the Compliance Committee following a case brought against the EU. A suggested way forward is outlined accordingly. In sum, whether the EU legal system complies with the letter and the spirit of the Aarhus Convention remains highly questionable.

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