 |
|
 |
 |
 |
|
| HOMERESOURCE DIRECTORYNEWSNATIONAL REPORTSCALENDARHELPCONVENTION HOME | |
|
|
|
Latvia - Constitutional Court - 20 Deputies of the Saeima v. Cabinet of Ministers, No.2002-14-04 Olaine Incinerator. Issue: Access to environmental information, access to justice, public participation (art 3 para 2, art 4, art 6 (annex I para 5) art 9)
Public participation - The State shall ensure that public authorities assist and provide guidance to the public in seeking access to information, in facilitating participation in decision-making and in seeking access to justice in environmental matters. English Latvia - Constitutional Court - Coalition for Nature and Cultural Heritage Protection v. Riga City Council, No.2007-11-03 Freeport of Riga. Issue: Access to environmental information, access to justice, public participation (art 2, art 4, art 6, art 7, art 9)
Right to live in a favourable environment - access to justice granted to individuals, as well as associations and groups of persons. English Belgium - Constitutional Court - M.-N. Solvay c.s. v. Walloon Region, Nr. 30/2010. Issue: Public participation, access to justice and projects (art 2 para 2, art 3 para 9, art 6 para 9 and 9 para 2, 3 and 4)
Aarhus Convention – Permits delivered or ratified by Parliament – Applicability - The
question arises if the Aarhus Convention and the European Directives to implement the
Convention are applicable or not to permits that are delivered by or ratified by Parliament
given that the definition of “public authority” does not include bodies or institutions
“acting in a legislative capacity” (art. 2 (2)). The Constitutional Court refers different
questions on the interpretation of the Aarhus Convention and the related European
Directives to the ECJ. English Latvia - Constitutional Court - On Compliance of the Binding Regulation No. 67 of 19 December 2006 of the Riga City Council ‘Regulations of Use and Building of the Territory in Maskava Street 264 (Cadastre No. 01000780413) and Maskava Street without Number’ with Item 1 of Section 3 of the Spatial Planning Law, Item 4 of the First Part of Section 37 of the Protection Zone Law and art. 115 of the Satversme (Constitution) of the Republic of Latvia. (LV only). Issue: Access to environmental information, access to justice, public participation (art 2, art 4, art 6, art 7, art 9)
Public participation - The Aarhus Convention provides broad public participation rights to persons and organizations which have declared as their objective operation in the domain of environment. English Italy - Council of State - Region of Lombardia; ’La Rinascente’ v Legambiente, sez. IV, n. 8234 - Summary with a link to the judgement. Key issue: NGO standing (Art. 2, 7 and 9) - Legal standing of environmental associations and environmental interests affected by entrusting external subjects with building duties.
Kew words: Standing and Sufficient Interest – Plans, programs and policies – Access
to Justice English | Italian Italy - Council of State - Italia Nostra, Legambiente, WWF v Presidenza del Consiglio dei ministri, CIPE et al, sez. IV, n. 3917 - Summary with a link to the judgement. Key issue: Access to environmental information and public participation in decisionmaking procedures for environmental NGOs (Art. 4, 5 and 6).
Key words: Public Participation – Access to Information – National Implementation
English | Italian Italy - Court of Cassation - Verdi Ambiente e Società ONLUS v Tribunale di Foggia, Cassazione Penale 2007, sez. III, n. 554 - Summary with a link to the judgement. Key issue: Access to justice for NGOs (Art. 2 and 9) - Environmental NGOs are entitled to bring an action in order to be awarded environmental damages, also in criminal proceedings when they represent environmental interests (‘collective legitimate interests’) grounded on specific territory.
Key words: Standing and Sufficient Interest – Public recognition and support of
associations – Access to Justice English | Italian Italy - Council of State - Horiba di Bombini G. e C. s.n.c. v Comitato Regionale Pugliese di Legambiente – Onlus, sez. IV, n. 2151 - Summary with a link to the judgement. Key issue: NGO standing – National environmental organisation, although not officially inserted in the list of recognized entities under the law, can be granted access to justice, on the basis of the discretion of the court and provided that they could demonstrate that they operated in the territory and represented local exponential interests.
Key words: Standing and Sufficient Interest – Access to Justice – Public recognition and support of associations. English | Italian Belgium - Council of State - VZW Milieufront Omer Wattez v. Deputatie Provincie Oost-Vlaanderen / stad Geraadsbergen – Intervening party: VZW Vlaams Zweefvliegcentrum, Nr. 193.593 (NL only). Issue: NGO standing (art 2 para 5 and art 9 para 5)
Standing for an environmental NGO – The collective interest of an environmental NGO
that is active in the region is sufficiently specialized and concerns land use planning,
environmental protection and nature conservation, so that it has a sufficient interest to
appeal an environmental permit for an airport for gliders in a scenic and valuable
agricultural area. English NIRAS v. Belgische Staat and Federale Beroepscommissie voor toegang tot milieuinformatie – Intervening party: Tinne Van der Straeten, Nr. 192.371. Issue: Access to environmental information (art 4 paras 1, 3, 4 and 6)
Access to environmental information – Nuclear sector - Access to a report on the analysis
of potential ”nuclear passives” of nuclear sites and installations in Belgium may not be
refused for reasons of public security, public order, confidentiality of commercial and
industrial information and the impossibility to separate confidential from non confidential
information. English |
|
|
|
Most popular resources among this group of 1578 resources.
|
Previous 
About the Aarhus Clearinghouse | Contact Us | Terms of Use
Copyright ©2004-2010 UNECE. All rights reserved.
Front page photo by Akuppa. Some rights reserved.
Aarhus Clearinghouse Admin