THE AARHUS CONVENTION'S THIRD PILLAR IN THE EU FROM A PROCEDURAL LAW PERSPECTIVE WITH SPECIAL
REGARD TO REGULATORY ACTS
Katalin GOMBOS Orsolya Johanna SZIEBIG
ABSTRACT: Since its adoption in 1998, the Aarhus Convention has become one of the most significant international environmental agreements. Its unique structure based on three pillars and the range of rights included in it also provides fundamental rights for individuals and organisations of the NGO sphere. However, accession to the Convention posed challenges for the European Union concerning the right of access to justice in environmental matters. The topic raises several procedural issues to which the Authors seek to approach with a thorough explanation that also considers the specificities of EU law. As a preliminary point, it can be said that the introduction of the category of regulatory acts and the development of case-law could only partially refine the CJEU's reluctance. The European Union is striving to be at the forefront of the political integration of environmental issues. Still, criticisms and dissenting views on the third pillar of the Aarhus Convention are increasingly calling into question the genuine commitment to the objectives of the international treaty. However, it is true, that due to the special legal order of the European Union, even the slightest changes can modify a whole range of procedural requirements concerning the CJEU's proceedings.
KEYWORDS: Aarhus Convention; regulatory acts; access to environmental justice; the Law of the European Union; implementation.
JEL Code: K4
1. INTRODUCTION AND METHODOLOGY
Access to justice is one of the most important fundamental rights of European citizens that can be found in the Charter of Fundamental Right of the European Union as well. The Aarhus Convention is an innovative environmental agreement concerning the European sphere (SZIEBIG, 2019). The Convention was signed on 25 June 1998 and entered into force in October 2001. The Aarhus Convention' third pillar provides the right of access to justice, especially in environmental matters. The Aarhus Convention's
Associate professor, habil., PhD. National University of Public Service (Hungary) Faculty of Public Governance and International Studies, Department of European Public and Private Law, HUNGARY.
Senior lecturer, LLM in environmental Law, PhD.University of Szeged Faculty of Law and Political Sciences (Hungary), Department of International and European Law, HUNGARY.
