Judicial Control in a Globalised Legal Order – A One Way Track? An Analysis of the Case C-263/08 Djurgården-Lilla Värtan
2010; RELX Group (Netherlands); Linguagem: Inglês
ISSN
1556-5068
Autores Tópico(s)European and International Law Studies
ResumoThis article examines the preliminary ruling given by the Court of Justice in the Djurgarden-Lilla Vartan case. The case involves the Swedish implementation of the Aarhus Convention via an EU Directive, granting right to access to justice to environmental non-governmental organisations (NGOs). Even though the Aarhus Convention and the Directive both state that the right to access to justice is granted only to NGOs “meeting any requirements under national law”, the Court of Justice found that Swedish requirements were too restrictive. The question arises whether there is still room for the Member States to choose other enforcement models rather than judicial control when monitoring the implementation of EU law. If not, how does this affect the constitutional systems of the Member States as a whole? More precisely, what about the national parliaments?
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