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Environmental impact assessments and enforcement of Community law

Lissabon, 2. November 2009 – 3. November 2009
Sprachen:
(Simultanübersetzung)
Tagungsnummer:
209D98

Rechtsgebiete:

Environmental assessments are procedural instruments requiring administrative authorities to assess the environmental effects of public or private infrastructure projects and plans likely to have an effect on the environment.

Although harmonised rules have been implemented through EC legislation, procedural approaches towards environmental assessments still differ between member states due to the large margin of discretion let to public authorities, leading to legal uncertainty for public and private operators and individuals or associations concerned.

The case law developed by the ECJ and by national Courts plays an important role in delimiting member states' margin of discretion, but crucial questions still remain: the definition of the projects concerned; the extent to which the environment should be protected; the judicial control of decisions taken by public authorities; and the judicial protection of rights.

Compliance by the European Community and its member states with their obligations on access to justice under the Aarhus Convention will be a focus of the conference.



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Projektleitung
ERA (Florence Hartmann-Vareilles) in cooperation with the Portuguese Centre of Judicial Studies

Florence Hartmann-Vareilles

Assistenz:
Nathalie Dessert


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