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NGOs have moved a step closer to challenging environmental legislation before the ECJ after Parliament backed legislation to put the EU in line with the 1998 Aarhus Convention.
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.
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!"