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Acess to justice and REMEDIES

Acess to justice and REMEDIES. Jan Darpö Faculty of Law Uppsala Universitet. Three pillars. Art. 9.4 : “adequate and effective remedies, including injunctive relief”

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Acess to justice and REMEDIES

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  1. Acess to justice andREMEDIES Jan Darpö Faculty of Law Uppsala Universitet

  2. Three pillars Art. 9.4: “adequate and effective remedies, including injunctive relief” “Public participation cannot be effective without access to information, as provided under the first pillar, nor without the possibility of enforcement, through access to justice under the third pillar.” (Implementation Guide p. 85)”

  3. Systematic approach and studies in detail “Criminal law is part of public law. Civil law is divided into public law and private law” McKenna-report 1996: Study of civil liability systems for remedying environmental damage, p. 4 (Denmark)

  4. Environmental “cases” Future gene- rations NGOs Public Supervisoryauthority Public concerned

  5. “Inside” the administrative system Adm appeal- body/tribunal Adm court Authority/ permit-body

  6. “Inside” the administrative system • Appeal from the public/parties/other • Suspension/inhibition • Legality or expediency (“on the merits”) • Interests • Result of appeal • Finland; • Germany; • UK (England and Wales)

  7. “Inside” the administrative system ON-GOING OR TERMINATED ACTIVITY • Obligation for authority to act • Passivity (“0-decisions”) • Margin of appreciation • Precautionary measures/adm measures • Sweden;

  8. The civil/criminal system Civil/crim court

  9. Direct citizens’ action • Court-order  operator • Court-order  sup. authority • Injunctions • Economic compensation • Criminal sanctions • UK (England and Wales)

  10. Key-issues • Major and minor activities • Media, disturbances, green/blue/brown • Integrated or single approach • Planning and preliminary decisions • Local – regional – national • Inquisitorial principle – civil procedure • Permits • Administration and courts

  11. Remedies • Suspension/interim injunction • Permit/conditions • EIA/Investigation • Precautionary measures • Stop activity • Reparation

  12. Remedies • Administrative enforcement • Execution • Criminal sanctions • Damages

  13. Situations • The IPPC-activity • The planned high-way • …individually or in combination… • The junk-yard • The saw-mill • Burning cable…

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