Cross-border Cooperation of Judges Andrej Kmecl

Transcript:Cross-border Cooperation of Judges Andrej Kmecl:
Cross-border Cooperation of Judges Andrej Kmecl Cross-border Cooperation of Judges Different aspects of judicial cooperation in environmental cases: Practical, related to actual court proceedings (serving of documents, taking evidence) General, related to EU policies in the areas of protection of the environment and creation of the European area of justice through cooperation Cross-border Cooperation of Judges Practical aspect: Numerous industrial installations are (or will be) located near international borders In such cases, "members of the public concerned" (Art. 25 para. 1 IED and Art. 9 para. 2 Aarhus convention) will likely include foreign nationals Cross-border Cooperation of Judges Each Party shall, within the framework of its national legislation, ensure that members of the public concerned (...) have access to a review procedure before a court of law and/or another independent and impartial body established by law, to challenge the substantive and procedural legality of any decision, act or omission (...) (Art. 9 para. 2 Aarhus convention) Cross-border Cooperation of Judges Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions (...) (Art. 25 para. 1 IED) Cross-border Cooperation of Judges Within the framework of their bilateral relations, Member States shall ensure that in the cases referred to in paragraph 1, the applications are also made available for an appropriate period of time to the public of the Member State likely to be affected so that it will have the right to comment on them before the competent authority reaches its decision. The results of any consultations pursuant to paragraphs 1and 2 shall be taken into consideration when the competent authority reaches a decision on the application. The competent authority shall inform any Member State which has been consulted pursuant to paragraph 1 of the decision reached (...) That Member State shall take the measures necessary to ensure that that information is made available in an appropriate manner to the public concerned in its own territory. (Art. 26 para. 2, 3 and 4 IED) Cross-border Cooperation of Judges Within the scope of the relevant provisions of this Convention, the public shall have access to information, have the possibility to participate in decision-making and have access to justice in environmental matters without discrimination as to