European Commission takes Germany to Court over Access to Justice

(LEXEGESE) - The European Commission is taking Germany to Court over a loophole in its legislation on access to justice in environmental matters. Under EU legislation, Member States must ensure a legal review procedure for decisions taken in the context of the Environmental Impact Assessment Directive and the Industrial Emissions Directive. The Commission is concerned at apparent gaps in German legislation in this area, which may be restricting citizens' access to justice. On the recommendation of Environment Commissioner Janez Potočnik, the Commission is therefore taking Germany to the EU Court of Justice. German Act on Legal Redress in Environmental Law In November 2012, Germany amended its Act on Legal Redress in Environmental Law (Umweltrechtsbehelfsgesetz) in an effort to comply with a recent ECJ judgement on the question of legal standing, i.e. who exactly can go to court on behalf of the environment. While the new legislation clearly resolves some of the previous issues, the Commission is concerned at shortcomings that remain. LEXEGESE Shortcomings of the Amended Legislation Under the amended legislation, procedures which started after 25 June 2005 and were completed before 12 May 2011 are not covered by the revised law, and neither are procedures which were initiated before the implementation deadline of 25 June 2005 and were still on-going after that date ...Zum vollständigen Artikel

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