Effective remedies

1
Effective remedies Do they exist?

• Jan Darpö
• Faculty of Law
• Uppsala Universitet
• Task Force Meeting,
• Geneva 2007-09-10

2
Three pillars

• Adequate and effective remedies, including
  injunctive relief
• (Art. 9.4)
• Public participation cannot be effective
  without () enforcement, through access to
  justice under the third pillar.
• (Implementation Guide p. 85)

3
Environmental interests
Future gene- rations
Public
Courts
NGOs
Supervisoryauthority
Public concerned
4
Permit-procedures

• The appeal and suspensory effect
• Administrative appeal or judicial review?
• Are all actors/interests treated equally?
• Time-aspects

5
On-going activities

• Is the authority obliged to take a decision?
• Are zero-decisions appealable?
• Legality-control or the full case on the merits
  and the result of the appeal?
• Can PC go directly to court?

6
Restoration and sanctions

• Damages only for own interest or on behalf of the
  environment?
• Who can trigger administrative enforcement?
• Public or private prosecution?