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…
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…
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…
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…
Directives… ‘Science’ in Court – the Importance of Specificity, by E Lees and T Paloniitty 18 Nov 202216 Nov 2022 To generalise about the use of scientific information by Member State courts in cases involving the Habitats Directive is not only impossible, but also hides crucial dimensions in the day-to-day…
Accountability… Opening the doors to civil society litigation in public contracts, by R Caranta 1 Nov 202230 Oct 2022 Summary Since 1971 (then) EEC directives have regulated award procedures for public procurement and later for concessions in order to create an internal market open to economic operators from all…
Access to justice… Regulation 2021/1767 and the remaining divergences of EU law from the Aarhus Convention, by L De Lucia 19 Oct 202219 Oct 2022 Regulation 2021/1767 amended Regulation 1367/2006 on the application of the provision of the Aarhus Convention to Community institutions and bodies. This amendment was rendered necessary due to an assessment published…
Effective judicial protection… Is the EU Courts’ toolbox to tackle scientific uncertainty sufficient?, by Mariolina Eliantonio and Michał Krajewski 22 Apr 202221 Apr 2022 As the EU Courts' docket of legal disputes involving uncertain scientific appraisals grows, questions about how the EU judges engage with science appear. This engagement may impact our understanding of…
ECtHR Case Law… Environmental procedural rights before European courts: still searching for a common script or multiplying avenues of protection?, by Justine Richelle 25 Feb 202224 Feb 2022 Environmental procedural rights are guaranteed by the Aarhus Convention, which the EU and the Member States have ratified. The Convention has been designed to leave room for interpretation. Since the…
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