NGOs move a step closer to Court access on environmental issues 

MEPs on 31 March adopted a series of far-reaching reports related to the Aarhus Convention, which seeks to guarantee citizen's participation in decisions having an impact on the environment.

Most noticeably, the new rules could empower NGOs to seek review with EU institutions of contested environmental legislation and, if they feel they have a case, ask for the verdict of the judges in Luxemburg.

But the high costs of legal action could act as a deterrent for NGOs eager to defend the environment. Amendments were presented by the Green Group to guarantee some sort of assistance to help citizen's organisations bear the costs of legal action. However, under the agreed text, this decision has been left to Member States.

 

From theNGOspoint of view, the picture looks like a mixed one. Speaking to EurActiv, Ralph Hallo from the European Environmental Bureau, said they were pleased that all three reports were adopted. But green NGOs continue to be concerned by wording in the text that leaves Court action open only to "qualified entities" defined as those who "have been advocating activities that do not breach good form". This provision, says Hallo, could be used as a barrier to court action.

On adopting the texts,MEPsinsisted that the directive on access to justice establishes a minimum framework and that Member States were welcome to guarantee citizens broader access, including financial assistance.

At the time of tabling the proposal in October 2003, an enthusiastic Commissioner Wallström said: "Citizens will now be able to act as environmental watchdogs!"