What is it about?
This article aims to explain the stance that the Court of Justice of the European Union is taking on the effect of the Aarhus Convention in the European legal order. The case discussed in this article, shows how the Court is willing to go quite far to secure the effects that are set out in the Convention, making use of the Charter and vaguely formulated Treaty articles.
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Why is it important?
The importance of the article lies in the fact that it makes it clear that the CJEU sees the European Union's legal order as unified. The adherence of the EU to the obligations of an International Treaty can be achieved through enforcement in the Member States. It equally shows how the Court reaffirms its jurisdiction in relation to securing the Aarhus Convention.
Perspectives
In the light of recent political problems surrounding the interaction between the Aarhus Convention Compliance Committee and the EU (through the Council), it is of interest to see how the Union differs from standard nation states, or at least the ways in which it itself deems to differ from them, where international actors do not see (wish to) see it. It is equally interesting to be aware of the fact that, even regarding certain core concepts such as the judicial framework of the Union, there are differing opinions between the institutions. This contribution can be a significant tool for greater understanding of these issues.
Matthijs van Wolferen
Rijksuniversiteit Groningen
Read the Original
This page is a summary of: Case C-243/15 Lesoochranárske zoskupenie vlk v Obvodný úrad Trenčín, Journal for European Environmental & Planning Law, April 2017, Brill,
DOI: 10.1163/18760104-01401008.
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