New guidelines help citizens gain better and fairer access to their national courts on environmental cases

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Today the European Commission adopted a guidance document on access to justice in environmental matters which clarifies how individuals and associations can challenge decisions, acts and omissions by public authorities related to EU environmental law before national courts.

The Juncker Commission has taken a step forward with the publication of these guidelines, providing the necessary guidance to citizens for better access to national justice systems. The guidance is intended to help individuals and non-governmental organisations to decide whether to bring a case before national courts. National courts can use it to help identify all the EU Court of Justice cases that they should take into account when they are faced with questions related to access to justice in environmental cases. With this guidance, national administrations are made aware of possible shortcomings in their justice systems and businesses are provided with greater clarity on what EU rights and obligations are at stake in the decisions, acts and omissions that concern them.

Frans Timmermans, First Vice-President responsible for the Rule of Law said: “Legal certainty is a core principle for a Rule of Law based society, and it is important that we offer this guidance to all interested parties. Environmental law is at the forefront of our efforts to build a sustainable future for the EU, and everybody needs to have a clear understanding of their rights and responsibilities.”

Karmenu Vella, Commissioner for Environment, Fisheries and Maritime Affairs, said: “Environmental laws are about protecting people and their health. When public authorities fail to respect the rights and obligations under these laws, the public can hold them accountable. The new guidance is an important step in empowering citizens to take matters such as the quality of air, water and waste management in their own hands. By bringing environmental cases to the national courts, citizens can help ensure the correct application of environmental law across the EU.”

The EU Court of Justice has issued a number of rulings clarifying EU requirements on access to justice in environmental matters. Examples include:

  • How national courts should address pleas that municipal air quality plans do not provide for sufficiently effective measures to reach the air quality standards laid down in EU air legislation;
  • The role of the public, notably environmental non-governmental organisations, in helping to ensure that the obligations under EU nature legislation are respected in the Member States;
  • Assessment criteria that national courts should employ to avoid that prohibitively high litigation costs prevent citizens and associations from exercising their role in upholding EU environmental law at national level.

Today’s guidance note brings all of these rulings together in a single text, making it easier for people to understand them and their implications by providing one comprehensive document.

The adoption of today’s guidance note will be followed by discussions with Member States which do not yet fully comply with their obligations, as interpreted by the EU Court of Justice. These discussions will also take place in the context of the process established through the Environmental Implementation Review.

Background

Access to justice guarantees that individuals and environmental associations, under certain conditions, can have an independent national court examine whether a public authority acted lawfully in making a decision, act or omission affecting their rights. The principle guarantees consist of the right to be heard, a sufficient scrutiny by the national judge, measures to put matters right and measures to avoid prohibitive costs.

The guidance document is based on access to justice provisions in EU secondary environmental law and provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (The Aarhus Convention), as interpreted by the EU Court of Justice. The scope of the guidance document is limited to access to justice in relation to decisions, acts and omissions by public authorities of the Member States. It does not address environmental litigation between private parties. Nor does it concern the judicial review of acts of the EU institutions.

For More Information

Factsheet: Access to Justice in Environmental matters

Info Sheet: Environmental enforcement – What’s in it for you?

CALENDRIER du 01 mai au 07 mai 2017

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(Susceptible de modifications en cours de semaine)

Déplacements et visites

 

Lundi 01 mai 2017

Labour Day

Mr Phil Hogan in Canada (until 03/05): in Ottawa, meets Mr Lawrence MacAulay, Minister for Agriculture and Agri-Food of Canada; members of the Parliamentary Standing Committee on Agriculture and Agri-Food; and representatives of the Canadian Agri-Food Trade Alliance (CAFTA); in Toronto, visits the Irish Potato Famine Memorial.

 

Mardi 02 mai 2017

President Jean-Claude Juncker receives Mr Antonio Tajani, President of the European Parliament (EP); Mr Mario Draghi, President of the European Central Bank (ECB); Mr Jeroen Dijsselbloem, President of the Eurogroup; and Mr Klaus Regling, Managing Director of the European Stability Mechanism (ESM), for a working lunch on the follow-up of the Five Presidents’ Report.

President Jean-Claude Juncker receives Mr Tsend Munkh-Orgil, Minister for Foreign Affairs of Mongolia.

Mr Frans Timmermans delivers a keynote speech on the eve of the World Press Freedom Day at “Future Media Lab” conference, in Brussels.

Ms Federica Mogherini receives Mr Tsend Munkh-Orgil, Minister for Foreign Affairs of Mongolia.

Ms Federica Mogherini participe au débat ‘Présent et futur des relations UE-Tunisie’ dans le cadre de la Semaine Tunisienne au Parlement Européen, à Bruxelles.

Ms Federica Mogherini receives Mr Enver Hoxhaj, Minister for Foreign Affairs of Kosovo.

Mr Andrus Ansip receives Mr Timotheus Höttges, CEO of Deutsche Telekom AG.

Mr Maroš Šefčovič in Paris, France: delivers a keynote speech on “Europe’s Space Strategy” at the École Nationale d’Administration (ENA).

Mr Johannes Hahn receives Mr Enver Hoxhaj, Foreign Minister of Kosovo.

Ms Cecilia Malmström in Paris, France: participates in the “11th Forum on Responsible Mineral Supply Chains” jointly organised by the Organisation for Economic Co-operation and Development (OECD), the International Conference on the Great Lakes Region (ICGLR) and UN Group of Experts on the Democratic Republic of Congo.

Mr Miguel Arias Cañete delivers a keynote speech at the “3rd Annual Energy Savings Summit: Europe’s People at the Heart of the Energy Transition“, in Brussels.

Mr Miguel Arias Cañete receives Mr Luca Bettonte, CEO of ERG Renew S.p.A.

Mr Miguel Arias Cañete receives experts from Hungarian environmental protection organisations; and representatives of Hungarian religious organisations active in the field of environmental protection.

Mr Karmenu Vella participates in a kick-off meeting to initiate a discussion on the principles for future investments in Sustainable Blue Economy together with the World Wildlife Fund (WWF) and the HRH Prince of Wales International Sustainability Unit (ISU), in Brussels.

Mr Vytenis Andriukaitis meets representatives of the Federal Committees of Health, Environment and Social Renewal and the Federal Advice Committee of European Affairs at the Belgian Parliament, in Brussels.   

Mr Vytenis Andriukaitis meets Ms Maggie De Block, Minister for Social Affairs and Health of Belgium, in Brussels.

Mr Vytenis Andriukaitis meets Mr Willy Borsus, Minister for the Middle Class, Small and Medium Sized Enterprises, Self-employed, Agriculture and Social Integration of Belgium, in Brussels. 

Mr Vytenis Andriukaitis visits the Veterinary and Agrochemical Research Centre (CODA-CERVA) with a presentation by Mr Pierre Kerkhofs, General Director of CODA-CERVA, in Brussels.

Mr Dimitris Avramopoulos receives Mr Urmas Reinsalu, Minister for Justice of Estonia.

M. Pierre Moscovici à Paris, France: rencontre M. Pascal Lamy, Président emeritus de l’Institut Jacques Delors.

M. Pierre Moscovici à Paris, France: rencontre M. François Hollande, Président de la République française.

Mr Christos Stylianides receives Mr Abdul Malik Abdul Jalil Al Mekhlafi, Deputy Prime Minister and Minister for Foreign Affairs of Yemen.

Mr Christos Stylianides receives H.E. Archbishop Shahan Sarkissian, Prelate of Aleppo Armenians.

Mr Phil Hogan in Toronto, Canada: delivers several speeches at the “International Food and Beverage Trade Show” (SIAL) during a session on the EU-Canada trade agreement, for the official opening and during the tour of country pavilions; and meets representatives of the Canadian alcoholic beverage and dairy sectors.  

Ms Vĕra Jourová receives Mr Jevgeni Ossinovski, Minister for Health and Labour of Estonia.

Ms Vĕra Jourová receives Mr Giovanni Buttarelli, European Data Protection Supervisor.

Mr Tibor Navracsics delivers a speech at the opening ceremony of the “Brussels Model European Union 2017 Annual Simulation”, at the Committee of the Regions, in Brussels.

Mr Tibor Navracsics meets representatives of youth organisations and young people in Brussels to discuss the future of EU youth policy in the framework of “European Youth Week 2017“, in Brussels.

Ms Margrethe Vestager receives the board of Horesta – Association for the hotel, restaurant and tourism industry in Denmark.

 

Mercredi 03 mai 2017

College meeting

Informal meeting of competitiveness ministers (research)

President Jean-Claude Juncker receives Mr Jüri Ratas, Prime Minister of Estonia.

President Jean-Claude Juncker and the College of Commissioners receive Mr Jüri Ratas, Prime Minister of Estonia, and the Estonian Government for an exchange ahead of the Estonian Presidency of the Council.

Mr Frans Timmermans and Mr Julian King receive Mr Andres Anvelt, Minister for the Interior of Estonia; and Mr Urmas Reinsalu, Minister for Justice of Estonia.

Ms Federica Mogherini receives Mr Husein Kavazović, Grand Mufti of Bosnia and Herzegovina.

Ms Federica Mogherini receives Mr Carlos Raúl Morales Moscoso, Minister for Foreign Affairs of Guatemala.

Mr Andrus Ansip receives Ms Urve Palo, Minister for Entrepreneurship and Information Technology of Estonia.

Mr Maroš Šefčovič receives representatives of the European Engineering Industries Association (ORGALIME).

Mr Maroš Šefčovič receives Ms Kadri Simson, Minister for Economic Affairs and Infrastructure of Estonia.

Mr Valdis Dombrovskis receives Ms Véronique Willems, Secretary General of the European Association of Craft, Small and Medium-sized Enterprises (UEAPME).

Mr Johannes Hahn participates in the Conference on Trade and Business Opportunities in Jordan, in Brussels.

Mr Johannes Hahn receives Mr Yarub Qudah, Minister for Industry, Trade and Supply of Jordan.

Ms Cecilia Malmström receives Mr Yarub Qudah, Minister for Industry, Trade and Supply of Jordan.

Ms Cecilia Malmström participates in a launch event on “New Trade and Business Opportunities in Jordan”, in Brussels.

Mr Neven Mimica receives Mr Sven Mikser, Minister for Foreign Affairs of Estonia.

Mr Karmenu Vella receives Mr Peter Thomson, President of the 71st session of the United Nations General Assembly.

Mr Christos Stylianides receives Mr Sven Mikser, Minister for Foreign Affairs of Estonia.

Mr Phil Hogan in Toronto, Canada: meets Mr Jeff Leal, Minister for Agriculture, Food and Rural Areas of Ontario; Ms Anne Sado, President of the George Brown College during a visit of the College’s Food Innovation and Research Studio (FIRSt); and representatives of the meat, fruit and vegetables and confectionary sectors; visits a store of Loblaws supermarket chain; the EU Member States’ pavilions at the International Food and Beverage Trade Show (SIAL); and the Liquor Control Board of Ontario (LCBO) flagship store.

Ms Violeta Bulc delivers a keynote address at the “Reducing rail freight noise: what should we do?” conference organised by the Community of European Railways (CER), in Brussels.

Ms Elżbieta Bieńkowska receives Ms Kadri Simson, Minister for Economic Affairs and Infrastructure of Estonia.

Ms Elżbieta Bieńkowska receives Mr Margus Tsahkna, Minister for Defence of Estonia.

Ms Vĕra Jourová receives Mr Andrew Langdon QC, Chairman of the General Bar Council of England & Wales.

Mr Tibor Navracsics participates in the official opening of the “European Youth Week 2017” in a panel discussion on the future EU Youth Strategy, in Brussels.

Mr Tibor Navracsics speaks at a high-level debate on Media Literacy and the challenge of “fake news” organised by the European Newspaper Publishers’ Association (ENPA), in Brussels.

Mr Tibor Navracsics receives Mr Hans-Gert Pöttering, former President of the European Parliament and current Chairman of Konrad-Adenauer Foundation; and Mr Volker Hassemer, Chairman of Stiftung Zukunft Berlin.

Ms Corina Creţu receives Mr Mihhail Korb, Minister for Public Administration of Estonia.

Ms Margrethe Vestager receives Ms Kadri Simson, Minister for Economic Affairs and Infrastructure of Estonia.

Mr Carlos Moedas in Valetta, Malta: attends the Informal meeting of competitiveness ministers (research).

 

Jeudi 04 mai 2017

04 – 05/05 ACP (Africa, Caribbean, Pacific) – EU Council

President Jean-Claude Juncker receives Ms Erna Solberg, Prime Minister of Norway.

Ms Federica Mogherini hosts a meeting of the Ad Hoc Liaison Committee (AHLC), in Brussels.

Mr Andrus Ansip receives CEOs of the German Broadband Association (BREKO).

Mr Maroš Šefčovič attends a ministerial meeting with Ms Marie-Christine Marghem, Federal Minister for Energy, the Environment and Sustainable Development; Mr Bart Tommelein, Vice Minister-President of the Flemish Government and Flemish Minister for the Budget, Finance and Energy; Ms Céline Frémault, Minister of Brussels-Capital Region Government responsible for Housing, Quality of Life, Environment and Energy; Mr Christophe Lacroix, Walloon Minister for the Budget, Energy, Public Service, and Administrative Simplification, in Brussels.

Mr Maroš Šefčovič exchanges views with members of the Federal Parliament of Belgium; and with the civil society stakeholders in the field of energy and climate as part of hisEnergy Union Tour in Belgium, in Brussels.

Mr Maroš Šefčovič in Antwerp, Belgium: delivers a keynote speech at a panel debate at the Smart Cities Energy and Climate Day, as part of hisEnergy Union Tour in Belgium; and participates in a Citizens’ Dialogue.

Mr Valdis Dombrovskis participates in the Opening Ceremony of the House of European History, in Brussels.

Mr Johannes Hahn attends a meeting of the meeting of the Ad Hoc Liaison Committee (AHLC), in Brussels.

Ms Cecilia Malmström receives Mr Carlos Raúl Morales Moscoso, Minister for Foreign Affairs of Guatemala.

Mr Neven Mimica receives Mr Peter Thomson, President of the 71st session of the United Nations General Assembly.

Mr Karmenu Vella in Malta (until 08/05): participates in Ministerial Conference on Strengthening Euro-Mediterranean cooperation through Research and Innovation; and visits Abertax Technologies Ltd.

Mr Vytenis Andriukaitis in Düsseldorf, Germany: delivers a keynote speech at the “Save Food Congress 2017“.  

Mr Christos Stylianides in Helsinki, Finland (until 05/05): meets Ms Paula Risikko, Minister for the Interior of Finland; Mr Kai Mykkänen, Minister for Trade and Development of Finland; representatives of the Committee on EU Affairs of the Parliament of Finland; and partner NGOs working in the field of humanitarian aid.

Ms Vĕra Jourová receives Ms Diana Wallis, President of the European Law Institute.

Ms Margrethe Vestager receives the members of the Copenhagen Executive Forum – Danish network.

Vendredi 05 mai 2017

President Jean-Claude Juncker in Florence, Italy: delivers a speech at the 7th edition of  The State of the Union conference, organised by the European University Institute (EUI).

Ms Federica Mogherini in Florence, Italy: delivers a speech in the panel ‘Cooperation and Partnerships, the European Way’ at the 7th edition of The State of the Union conference, organised by the European University Institute (EUI).

Mr Maroš Šefčovič in Košice, Slovakia: attends the Europe Day celebration and participates in a Citizens’ Dialogue on the future of the EU, on smart cities and on the Erasmus+ Programme; meets regional stakeholders on smart cities; and visits a public transport system project with focus on electromobility.

Mr Valdis Dombrovskis receives Mr Andžs Ūbelis, Member of the Fiscal Discipline Council of Latvia.

Mr Günther H. Oettinger in Frankfurt am Main, Germany: delivers a speech at the event “European values in the crisis – what normative orientations does Europe need?” organised by the Goethe University Frankfurt.

Mr Johannes Hahn in Tbilisi, Georgia:on official visit.

Ms Cecilia Malmström in Stockholm, Sweden: participates in a public seminar on sustainable trade organised by the European Commission’s Representation in Sweden.

Mr Miguel Arias Cañete in Madrid, Spain: participates in a debate on climate change and energy at Confederación Española de Organizaciones Empresariales (Spanish Confederation of Business Organizations – CEOE).

Mr Karmenu Vella in Malta: participates in Europêche General Assembly; and visits the IMO International Maritime Law Institute.

Mr Vytenis Andriukaitis in Vilnius, Lithuania (until 08/05): delivers a speech at the “Life Sciences conference: ensuring the safety and consumers’ rights”; and a speech at the “World Psychiatric Association’s Inter Zonal Congress 2017”.

Ms Violeta Bulc in Florence, Italy: delivers a keynote speech at the Executive Symposium: Shaping the future of the EU Maritime Transport Cluster, organised by the European University Institute (EUI).

Ms Vĕra Jourová in Florence, Italy: delivers a speech in the panel ‘The Future of European Citizenship’ at the 7th edition of The State of the Union conference, organised by the European University Institute (EUI).

Mr Tibor Navracsics in Florence, Italy: delivers a speech in the panel ‘The European Union at Sixty’ at the 7th edition of The State of the Union conference, organised by the European University Institute (EUI).

 

Samedi 06 mai 2017

Mr Günther H. Oettinger, Ms Marianne Thyssen andMr Carlos Moedas participate in a Citizens’ Dialogue on the occasion of Europe’s Day, at the Open Doors Day of the European Commission, in Brussels.

 

Prévisions du mois de mai:

03/05 Informal meeting of competitiveness ministers (research)

04-05/05 ACP (Africa, Caribbean, Pacific)-EU Council

11/05 Foreign Affairs Council

11/05 EU-Tunisia Association Council

11/05 Agriculture and Fisheries Council

15-18/05 European Parliament Plenary Session

18-19/05 Informal meeting of energy ministers

19/05 Foreign Affairs Council

21-23/05 Informal meeting of agriculture and fisheries ministers

22/05 Eurogroup

22-23/05 Education, Youth, Culture and Sport Council

23/05 Economic and Financial Affairs Council

29-30/05 Competitiveness Council

31/05 European Parliament Plenary Session in Brussels

Permanence DG COMM le WE du 29 au 30 avril 2017:

Lucia CAUDET: +32 (0)460 75 61 82

Permanence RAPID – GSM: +32 (0) 498 982 748

Service Audiovisuel, planning studio – tél. : +32 (0)2/295 21 23