Environment… EU Environmental Principles and Scientific Uncertainty before National Courts—The Case of the Habitats Directive: Some Comparative Conclusions, by M Eliantonio, E Lees and T Paloniitty 20 Jan 202320 Jan 2023 The aim of this blog post is to draw some comparative conclusions from the study we carried out on how national courts deal with scientific uncertainty, specifically in the context…
Environment… Handling environmental cases in administrative courts: Lithuania, by J. Paužaitė-Kulvinskienė and I. Žvaigždinienė 13 Jan 202312 Jan 2023 In Lithuania, administrative courts cover the legality review of administrative decisions, including in the field of environmental protection. In reviewing the latter decisions, a proper balance between the discretion of…
Effective judicial protection Searching the Pieces of the EU Justice Puzzle: Articles 47, 48, 49 and 50 of the EU Charter of Fundamental Rights, by S Menzione and G Gentile 10 Jan 20239 Jan 2023 The Chapter “Searching the Pieces of the EU Justice Puzzle: Articles 47, 48, 49, and 50 of the EU Charter of Fundamental Rights” authored by Giulia Gentile and Serena Menzione…
Directives… Reviewing Science & Law in Member States’ Courts: Enforcement of the Habitats Directive in Ireland, by Á Ryall 16 Dec 202214 Dec 2022 Habitat loss is one of the main threats to biodiversity. The current picture is bleak. Deteriorating trends continue to dominate in Ireland. The Environmental Protection Agency reports that the current…
Effective judicial protection No turning back? The empowerment of national asylum and migration courts under Article 47 of the Charter, by M Reneman 13 Dec 202212 Dec 2022 This blog is based on my chapter with the same title which will be published in: M. Bonelli, M. Eliantonio, and G. Gentile, Article 47 of the EU Charter and…
Directives… The deference of Romanian courts to administration when it comes to scientific expertise, by D Dragos and B Neamtu 9 Dec 20229 Dec 2022 In the book edited by Mariolina Eliantonio, Emma Lees, and Tiina Paloniitty forthcoming at Hart Publishing - EU Environmental Principles and Scientific Uncertainty before National Courts – The Case of…
Effective judicial protection… Article 47 of the Charter and non-discrimination: Going back to the grass roots, by K Gutman 6 Dec 20226 Dec 2022 Article 47 of the Charter of Fundamental Rights of the European Union is all the rage in EU law scholarship. But not so much when it comes to the field…
Environment… The Scrutiny of Scientific Evidence by UK Courts in Environmental Decisions: Legality, the Fact Law Distinction, and (sometimes) Self-Limiting Review, by C Caine and R Broadbent 2 Dec 202230 Nov 2022 In the UK, claims regarding the Habitats Directive are dealt with through two main avenues: judicial review/statutory appeal, and the Tribunal system. In judicial review and statutory appeal cases, only…
Effective judicial protection Article 19 TEU and national courts: A new role for the principle of effective judicial protection?, by S Prechal 29 Nov 202228 Nov 2022 Initially, Article 19 (1), second paragraph, TEU was used as an aid to interpretation. However, it has since become a self-standing ground for the review of national measures affecting the…
Environment… Biodiversity in the court: the certainty of contests about uncertainty, by Justice Preston 25 Nov 20221 Dec 2022 Disputes about biodiversity loss involve considerable scientific uncertainty. Uncertainty arises because of the unpredictability and randomness of natural systems and processes. In adjudicating biodiversity-related disputes, courts often need to resolve…
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