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European Observer on fundamental right's respect

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Case Law Joined Cases C 128/09 to C 131/09, C 134/09 and C 135/09 (18/10/2011)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/18/2011

Subject: The Court stated Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment must be interpreted as meaning that only projects the details of which have been adopted by a specific legislative act, in such a way that the objectives of that directive have been achieved by the legislative process, are excluded from the directive’s scope. A legislative act which does no more than simply ‘ratify’ a pre-existing administrative act, by merely referring to overriding reasons in the general interest without a substantive legislative process cannot be regarded as a specific legislative act for the purposes of that Directive. The Convention on access to information, public participation in decision making and access to justice in environmental matters, concluded and approved on behalf of the European Community, and Directive 85/337 must be interpreted as meaning that when a project falling within the scope of those provisions is adopted by a legislative act, the question whether that legislative act satisfies the conditions laid down in that directive must be capable of being submitted, under the national procedural rules, to a court of law or an independent and impartial body established by law. If no review procedure of the nature and scope set out above were available in respect of such an act, any national court before which an action falling within its jurisdiction is brought would have the task of carrying out the review and, as the case may be, drawing the necessary conclusions by disapplying that legislative act.

Parties: Boxus et Roua

Classification: Solidarity - Art. 37 Environmental protection - Justice - Art. 47 Justice: remedy - Independent and impartial tribunal

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