Economics 3366A/B Study Guide - Quiz Guide: Arcelor, Polluter Pays Principle, Chemical Industry
8 Oct 2020
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Special features the environment is seen as a common good. It does not have its own voice or personality and is reliant on other parties that can have a right to go to court on its behalf. Greenpeace no exception (plaumann) for environmental matters. Azores individual concern is the same as plaumann and cannot be used else a treaty change is necessary. Direct concern is only used when a measure directly affects the legal situation of the applicant. If the provision is unconditional and sufficiently precise it is directly applicable. However, the compatibility of the aarhus regulation cannot be checked by the coj. Trianel case cjeu declared that no standing is granted when norms only protects public interests as this is incompatible with wide access to justice". A norm does not confer an individual right. Proposal for a directive of the ep and the council on access to justice in environmental matters. This was dropped and no longer discussed.
