While the body of EU environmental policy and regulation is one of the most advanced and comprehensive in the world, an implementation gap has become evident. Strong legislative and policy frameworks are not providing the results that they should because they are not properly implemented. Experience across EU Member States has shown that relying solely on public authorities to overcome the implementation deficit will not yield the required results. Therefore, active citizens, either acting on their own or via NGOs, are essential to support the actions of authorities. There are many ways in which such ‘citizen enforcement’ could take place. However, in order to be truly effective, it needs to involve access to judicial review.
The LIFE-A2J-EARL project aims to improve the implementation and enforcement of EU environmental law by providing the public with effective access to justice, such as judicial review, administrative review and complaints to other appeal bodies. Access to justice is a fundamental means through which citizens and NGOs can support the implementation and enforcement of laws and policies to protect the environment. In order to reach this long-term goal, the project aims to:
At least 6 400 people having access to at least one of the following materials created during the project: a handbook on access to justice, EU procedural rules and case law and the Aarhus Convention equivalents, national toolkits on access to justice in 8 Member States and the digital information platform, a public interest lawyer database regrouping lawyers active in the field of environmental law and have been dealing with access to justice cases;
At least 120 people receiving an answer to their specific question via the ‘ask a lawyer’ function that will be published online;
At least 1000 people trained on access to justice issues in 48 workshops and seminars held in different locations in eight Member States or via 12 webinars;
At least 120 people sharing their experience and knowledge at a conference held in Brussels;
At least 80% of the target audience accessing project materials or attending events will have a better understanding of the specific challenges and obstacles to proper access to justice on environmental matters.
As part of the A2J Project, ClientEarth has elaborated a Guide on Access to Justice in European Union Law, aimed at lawyers, members of the judiciary, public authorities and Non-Governmental Organisations (NGOs) to assist them in the right application and enforcement of the rules on access to justice in environmental matters.
You can download it here.
You can also consult the Toolkit on Access to Justice in Spain prepared by IIDMA, with the collaboration of ClientEarth, here.
APRIL 2018: Project presentation
The presentation of the A2J Project in Spain took place on 25 April in Madrid. You can download the material of the project that was used for its presentation in the following link:
JUNE 2019: 1st training on access to justice
On 11th June IIDMA held the first access to justice training session in Spain targeting environmental lawyers, NGOs, law professors and students. It was hosted by the Representation of the European Commission in Madrid. The training presentations are available here:
Alba Iranzo, IIDMA: Los costes del acceso a la justicia en otros estados miembro de la UE.
Eduardo Salazar, environmental lawyer: Principales barreras sustantivas en el acceso a la justicia en asuntos ambientales.
JANUARY 2020: 2nd training on access to justice
On Wednesday 29 January the Instituto Internacional de Derecho y Medio Ambiente (IIDMA) held the second access to justice training session in Spain, targeting a wide range of professionals from the legal sector, especially lawyers. The event was organized in collaboration with the Madrid Bar Asociación (Ilustre Colegio de Abogados de Madrid – ICAM) and was hosted by the ICAM in Madrid.
The training presentations are available here:
Alba Iranzo, IIDMA: ¿En qué consiste el derecho de acceso a la información ambiental?
Carlota Ruiz-Bautista, IIDMA: ¿En qué consiste el derecho de participación pública en asuntos ambientales?
Alexandre Peñalver, University of Barcelona: “El acceso a la justicia en materia de acceso a la información”.
Helena Fabra, Spanish Office for Climate Change: “La participación pública en el ámbito del Marco Estratégico de Energía y Clima”.
Florabel Quispe, Carlos III University: Acceso a la Justicia y ODS: una aproximación al ODS 16.
Jaime Doreste, Law firm Magerit Abogados: El acceso a la justicia en materia de participación pública: análisis de casos.
A video-summary covering the 2nd training:
Instituto Internacional de Derecho y Medio Ambiente (IIDMA), Spain
Environmental Management and Law Association (EMLA), Hungary
Estonian Environmental Law Center (EELC), Estonia
Via Iuris, Slovakia