ABSTRACT

This chapter explores whether the current European Union (EU) framework concerning access to judicial review procedures at MS level is sufficient in terms of implementing the access to justice provisions of the Aarhus Convention or whether there is a need for an EU legislative intervention. The first two pillars of the Convention were implemented by the adoption of two Directives, namely Directive 2003/412 and Directive 2003/35. The chapter analyses the regulative context of the third pillar of the Aarhus Convention, the relevant EU regulatory framework in place and the jurisprudence of the EU Courts. The third pillar of the Aarhus Convention concerns access to justice in environmental matters with the aim to entitle individuals and environmental NGOs to challenge decisions through effective judicial mechanisms. The chapter regards the need for an EU legislative intervention in the respective field is illustrated in the epilogue.