The Impact of EU Law on Access to Scientific Knowledge and the Standard of Review in National Environmental Litigation: A Story of Moving Targets and Vague Guidance

Abstract

This article examines the European Union (EU) legal requirements contained in secondary law and in the European courts' case law concerning, firstly, the standard of review to which national courts must adhere when deciding matters within the scope of EU law and, secondly, access to scientific knowledge in environmental litigation. The article shows that national courts are limited to an assessment of whether a "manifest error" has been committed by the public authorities. However, it is argued, in order to make that assessment, national courts have to be empowered, under EU law, to access the scientific knowledge necessary to review the choices of the administration.