Reducing the Judicial Deficit in Multilevel Environmental Regulation

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It is argued that multilevel environmental regulation presents a judicial deficit. Although environmental law is implemented at the international, European and national level, judicial review against implementing measures is not equally distributed between these three levels. It is impossible for individuals to bring

proceedings at the international level. The situation is only slightly less dramatic at the European level. Individuals have to pass the requirement of direct and individual concern to bring proceedings against decisions that are not directed to them. This proves impossible for environmental organisations due to the

restrictive interpretation the Community courts give to these requirements. As the environment is a collective and not an individual concern, they never qualify. Therefore, they depend on the national courts, which can

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Andrea Keessen | Attorney Advertising

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