Thursday

1st Jun 2023

EU environmental policy could face NGO lawsuits

The European Union has been told to ensure that NGOs can challenge its environmental policy in court, something EU institutions have so far failed to do.

It is unclear if the EU executive will follow up on the recommendation, however.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

  • EU court in Luxembourg should hear NGO suits, the UN-linked panel said (Photo: katarina_dzurekova)

Last Friday (17 March), the Aarhus Compliance Committee said the EU was not living up to its obligation to allow the public effective access to justice in environmental matters.

The Aarhus convention is a UN text that sets out principles for the rule of law in environmental legislation. The EU ratified it in 2005.

"This means the EU promised to provide information about environmental decisions, and allow citizens and green groups to participate in such decision-making,” Jonas Ebbesson, a professor of law at Stockholm University who chairs the Aarhus committee, said.

“The EU has also obliged itself to provide the possibility for the public to complain before court about EU decisions, or the failure to act on environmental matters," he added.

The Aarhus compliance committee is an independent body of legal experts who investigate complains from individuals in signatory states.

EU legislation implementing the convention limits the type of acts which may be challenged before the courts to measures of “individual scope”, whereas most of the decisions that NGOs seek to challenge are of “general scope”.

"We investigated and found the EU doesn't compensate for the lack of legal standing before the court with alternative mechanisms," the Swedish professor told this website. "This limits the rights of EU citizens."

Friday's recommendations were a response to a complaint filed by ClientEarth, a green pressure group, in 2008.

The NGO said in a written statement that barring it from court was "stark proof of the EU’s persistent democratic deficit".

ClientEarth's Robyn Meadwell told this website his organisation would, for instance, like to challenge last week's decision by the European Chemical Agency not to classify glyphosate as being carcinogenic.

He said it would also like to challenge EU fisheries quotas.

These are set by ministers behind closed doors in the EU Council.

NGOs have claimed for years that they exceed scientifically advised levels.

ClientEarth would also like to test in court commission decisions that allowed EU countries to exceed air pollution limits, kill protected species of animals, and give state aid for nuclear or coal plants.

It remains unsure what the commission will do in reaction to the committee's recommendations.

A spokesman on Monday said that the institution had yet to assess the recommendations.

"But we are sure we have been acting on sound legal basis," the spokesman, Enrico Brivio, said.

The Aarhus committee’s Ebbesson said he would be in Brussels on Wednesday to explain the recommendation to member state representatives in the Council.

In September, countries that have signed up to the Aarhus Convention - including the EU - will meet and discuss the findings of the committee.

"If the EU was to disagree here, not only would it be the first time this has ever happened, but it would send a dangerous signal to its citizens, to the member states and to the rest of the world that the EU has a highly selective approach when it comes to the rule of law," ClientEarth said.

EU declines to renew glyphosate licence

Member states did not agree on conditions to renew the permit for the chemical used in pesticides, amid contradictory evidence on a possible cancer link.

EU Council is 'black hole' in public trust

The EU Council, its most powerful institution, is a “black hole” unto the general public, hampering efforts to regain trust, a leading NGO has said.

ECB: eurozone home prices could see 'disorderly' fall

The European Central Bank in its Financial Stability Review warned EU home prices could see a 'disorderly' fall as high mortgage rates are making houses unaffordable for households and unattractive for investors.

EU: national energy price-spike measures should end this year

"If energy prices increase again and support cannot be fully discontinued, targeted policies to support vulnerable households and companies — rather than wide and less effective support policies — will remain crucial," the commission said in its assessment.

Opinion

EU export credits insure decades of fossil-fuel in Mozambique

European governments are phasing out fossil fuels at home, but continuing their financial support for fossil mega-projects abroad. This is despite the EU agreeing last year to decarbonise export credits — insurance on risky non-EU projects provided with public money.

Latest News

  1. EU data protection chief launches Frontex investigation
  2. Madrid steps up bid to host EU anti-money laundering hub
  3. How EU leaders should deal with Chinese government repression
  4. MEPs pile on pressure for EU to delay Hungary's presidency
  5. IEA: World 'comfortably' on track for renewables target
  6. Europe's TV union wooing Lavrov for splashy interview
  7. ECB: eurozone home prices could see 'disorderly' fall
  8. Adapting to Southern Europe's 'new normal' — from droughts to floods

Stakeholders' Highlights

  1. International Sustainable Finance CentreJoin CEE Sustainable Finance Summit, 15 – 19 May 2023, high-level event for finance & business
  2. ICLEISeven actionable measures to make food procurement in Europe more sustainable
  3. World BankWorld Bank Report Highlights Role of Human Development for a Successful Green Transition in Europe
  4. Nordic Council of MinistersNordic summit to step up the fight against food loss and waste
  5. Nordic Council of MinistersThink-tank: Strengthen co-operation around tech giants’ influence in the Nordics
  6. EFBWWEFBWW calls for the EC to stop exploitation in subcontracting chains

Stakeholders' Highlights

  1. InformaConnecting Expert Industry-Leaders, Top Suppliers, and Inquiring Buyers all in one space - visit Battery Show Europe.
  2. EFBWWEFBWW and FIEC do not agree to any exemptions to mandatory prior notifications in construction
  3. Nordic Council of MinistersNordic and Baltic ways to prevent gender-based violence
  4. Nordic Council of MinistersCSW67: Economic gender equality now! Nordic ways to close the pension gap
  5. Nordic Council of MinistersCSW67: Pushing back the push-back - Nordic solutions to online gender-based violence
  6. Nordic Council of MinistersCSW67: The Nordics are ready to push for gender equality

Join EUobserver

Support quality EU news

Join us