Europeanisation of Access to Justice in Environmental Matters : The Aarhus Convention in the Balkans.

Format:

Book

Contributor:

Todorovi c, Bojana, editor.

Caranta, Roberto, editor.

Bloomsbury (Firm), publisher.

Language:

English

Subjects (All):

Environmental justice--Balkan Peninsula.

Environmental justice.

Climatic changes--Government policy--Balkan Peninsula.

Climatic changes.

Human rights--Balkan Peninsula.

Human rights.

Physical Description:

1 online resource (281 pages)

Edition:

1st edition.

Place of Publication:

London : Hart Publishing, 2025.

Summary:

This book analyses the ways in which Article 9 of the Aarhus Convention enables environmental access to justice in the Balkans, a region at the epicentre of extreme climate change events. Adopting a law-in-context approach, the chapters explore national cultures and driving forces shaping the implementation of Aarhus standards in Albania, Croatia, North Macedonia, Romania, Slovenia and Serbia, paving the way for their comparative assessment. The book combines EU law and the case law of the European Court of Human Rights with the bottom-up Europeanisation brought about by rising environmental protests and the activism of civil society organisations in the region. In doing so, it explores the extent to which these Balkan countries comply with requirements stemming from Article 9 of the Aarhus Convention, and whether, despite national differences, it is possible to talk about Europeanisation of access to justice in environmental matters. The interdisciplinary approach and geographical scope of the book make it an important read for academics and practitioners, as well as for the civil society sector and policy makers grappling with the normative and practical challenges around environmental access to justice - both in and beyond Europe.

Contents:

Intro

Foreword

Acknowledgements

Contents

Contributors

Introduction

I. Setting the Scene: Europeanisation of Access to Justice in Environmental Matters Through the Influence of EU Law and the Jurisprudence of the European Court of Human Rights on National Law and Practice

II. The Research Question and Our Methodology

III. The Balkans: E Pluribus Unum?

IV. On the Notion of Europeanisation Used in this Book

V. Structure of the Book

VI. The Balkans as an Example of ((Un)Successful) Europeanisation of Access to Justice in Environmental Matters?

PART I: ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS AT THE EUROPEAN LEVEL: INSTRUMENTS OF EUROPEANISATION

1. Article 9 of the Aarhus Convention, its Transposition in the EU and its Interpretation by the Aarhus Convention Compliance Committee and the Court of Justice of the European Union: In Search of an 'EU Effect'?

I. Introduction

II. Article 9 of the Aarhus Convention, theExplanations of the Implementation Guideand the Interpretation by the ACCC

III. Article 9 of the Aarhus Convention,the Transposition in EU Law and theInterpretation by the CJEU

IV. Conclusions

2. The Impact of the Right of Access to Justice under the Aarhus Convention on the Greening of the European Court of Human Rights

I. Introduction: The Intersection of the Rome Convention and the Aarhus Convention on Access to Justice

II. Environmental Protection Through Human Rights: Four Overlapping Approaches and the Role of the ECtHR

III. The Greening of the Rome Convention and the (Limited) Impact of Article 9 of the Aarhus Convention on the ECtHR Case Law on Access to Justice

IV. The Impact of the New Climate Change Cases on the ECtHR Doctrine on Access to Justice: A New Test for Access to Justice.

V. Access to Justice and the Right to a Clean, Healthy and Sustainable Environment: Looking Ahead

3. Environmental Access to Justice in the Balkans Through the Lens of EU Enlargement: Between Top-down and Bottom-up Europeanisation

II. EU Enlargement as an Instrument of Top-down Europeanisation of Environmental Access to Justice

III. Bottom-up Europeanisation of EnvironmentalAccess to Justice Through Environmental Activism

IV. Concluding Remarks: The Aarhus Convention as the Missing Link between Top-down and Bottom-up Europeanisation of Environmental Access to Justice?

PART II: NATIONAL PERSPECTIVES: ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS IN SELECTED BALKAN COUNTRIES

4. Environmental Justice Accessibility in Albania

II. The National Context and Background

III. The EU Accession Process

IV. Access to Information and Participation in Environmental Cases

V. Access to Justice in Environmental Cases

VI. The Possibility of Resorting to Alternative Dispute Resolution

VII. Accessibility of the Enforcement Mechanism and Costs

VIII. Challenges of Access to Justice in Environmental Matters

5. Implementation of Article 9 of the Aarhus Convention in Croatia: Is the Door Open or Shut? Examining Barriers to Access to Justice

I. Introductory Remarks on the ConstitutionalRight to a Healthy Environment

II. Croatia's Implementation of theAarhus Convention

III. Access to Justice Relating to Environmental Information Requests

IV. Access to Justice Relating to Public Participationin Decision-Making on Specific Activities

V. Access to Justice Relating to Actsand Omissions which Contravene Provisionsof National Law Relating to the Environment

VI. Application of the Aarhus Conventionby the Croatian Public Authoritiesand Administrative Courts

VII. Conclusion.

6. The Implementation of the Aarhus Convention in the Republic of North Macedonia: Limited Tools and Capacity for Environmental Justice

I. The National Context

II. The EU Accession Process

III. Implementation of Article 9of the Aarhus Convention

7. The Aarhus Convention in Romania: Challenges Regarding Access to Justice and Actio Popularis

I. National Context and Background

II. The Aarhus Convention in theNational Legislation

III. The Effect of the European Integration Processon National Environmental Matters

IV. Access to Justice

V. ENGOs in Romania: Some Empirical Insights

VI. Conclusions: Strategic Reforms are Needed for Advancing Environmental Justice in Romania

8. The Greening of General and Special Administrative Procedures to Implement the Aarhus Convention: The Case of Serbia

II. Harmonisation of EU EnvironmentalLaw and the EU Accession Process

III. Implementation of Article 9 of the Aarhus Convention

IV. Transformation of General AdministrativeProcedure as a Basis for Better Legal Protection in Environmental Matters

V. Conclusion

9. Access to Justice in Environmental Matters from the Perspective of Slovenian Law

III. The Implementation of Article 9 of the Aarhus Convention

IV. The Main Problems Hampering Access to Justice in Environmental Matters and Some de Lege Ferenda Proposals

PART III: COMPARATIVE ASSESSMENT

10. Administrative Review as an Instrument to Enforce Article 9 of the Aarhus Convention

II. Judicial, Quasi-judicial and Administrative Review in the Aarhus Convention

III. Forms of Administrative Review in Environmental Matters in the Balkans and in the EU: Europeanisation of Access to Justice?.

IV. Administrative Review as an Instrument to Make Access to Justice in Environmental Matters More Effective

V. Concluding Remarks

11. A Comparative Perspective on Environmental Access to Justice in the Balkans: The Role of Europeanisation and the Rising Importance of Rights

II. Court Systems

III. Justiciability and Prior Exhaustionof Administrative Remedies

IV. Standing

V. Intensity of Review (and Expertise)

VI. Remedies

VII. Times and Costs

VIII. Conclusions

Index.

ISBN:

1-5099-7964-6

1-5099-7965-4

1-5099-7963-8

OCLC:

1515462619