The ECJ denies NGOs’ capacity to review legality of the EU institutions’ acts in light of the Aarhus Convention. Comment to the ECJ Judgment of 15.1.2014 (Grand Chamber), 13 January 2015, Council of the European Union and European Commission,/Stichting..
DOI:
https://doi.org/10.18042/cepc/rdce.51.06Keywords:
Aarhus Convention, Aarhus Regulation, NGOs, administrative act definition, internal review procedure, access to administrative or judicial procedures, control of acts and omissions by European institutionsAbstract
In its judgment of 13 January 2015, the Grand Chamber of the Court of Justice annulled the judgment of the General Court in Stichting Natuur en Milieu and Pesticide Action Network Europe / Commission that had recognized the ability of NGOs to monitor the legality of administrative acts of general application adopted by the institutions of the EU. The Court applied its most restrictive interpretation on direct effect to the provisions of the Aarhus Convention to deny the mechanisms to control the activity of the institutions of the Union to environmental NGOs. It held that Article 9.3 of the Convention cannot be invoked to challenge the legality of a Community regulation referring exclusively to the EU institutions because national administrative or judicial procedures as EU law now stands, fall primarily within the scope of Member State law.Downloads
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