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1. Columns Picture here Aarhus Convention & Irish Environmental Law: Key Points & Potential Impact ÁineRyall Twitter: @EnvJusticeUCC Dublin, 4 February 2014

2. Aarhus Convention Aarhus Convention ↓ EU environmental law ↓ Set of international & EU law standards

3. Different sources of legal authority → complex intersections

4. Intersections in enforcement context

5. Irish environmental law pre-Aarhus Significant rights of access to information Extensive provision for public participation Right of appeal to An BordPleanála Judicial review & statutory enforcement provisions

6. So what does Aarhus add? Information → Dir 2003/4/EC Participation → Dir 2003/35/EC (PP Dir) Access to justice → Dir 2011/92/EU (EIA Dir) Dir 2010/75/EU (IED) (ex IPPC) A new general EU legislative measure on access to environmental justice? Aarhus Art 9(3)

7. Uncharted waters ... Impact of Aarhus & EU related measures on national law Significant uncertainty Difficultto advise with confidence

8. Aarhus Convention:Implementation Guide 2nd edition, 2013 http://www.unece.org/index.php?id=32764

9. Aarhus - Role of the Courts Courts in the spotlight - at EU & national level Gradual evolution of basic principles & emerging trends in the case law

10. Aarhus Convention & emerging principles in CJEU case law An integral part of EU legal order Case C-240/09 ‘LZ’ – ‘Slovak Brown Bear case’ Impact on interpretation of EU environmental directives Case C-416/10 Križan

11. Aarhus Convention & emerging principles in CJEU case law Aarhus-inspired Directivesinterpreted in light of objectives and scheme of Aarhus Convention Strong purposive approach – also pragmatic Keen to ensure environmental rights are effective in practice – Case C-416/10 Križan Public interest in environmental protection

12. Aarhus Convention & emerging principles in CJEU case law Aarhus Article 9(4) – an obligation of costs protection – a ‘ban’ on prohibitive costs Public interest in protection of the environment

13. Aarhus Convention & emerging principles in CJEU case law Case C-260/11 Edwards, 11 April 2013 Case C-530/11 Commission v UK - Opinion of Advocate General Kokott, 12 September 2013 - Judgment due 13 February 2014

14. Aarhus Convention Compliance Committee (ACCC) - Geneva - Not a “court” - Operates in very transparent way - Makes findings & recommendations - Impact of its findings & recommendations?

15. Aarhus Convention Compliance Committee (ACCC) Public may bring “communications” (complaints) concerning Ireland to ACCC from 18 September 2013

16. Ireland – Access to Justice - Costs Planning and Development Act, section 50B Environment (Miscellaneous Provisions) Act 2011, Part 2 Special costs rules

17. Ireland – Access to Justice - Costs Holly Hunter v Nurendale Ltd t/a Panda Waste [2013] IEHC 430 Hedigan J Holly Hunter v EPA [2013] IEHC 591 Hedigan J

18. Ireland – Access to Justice - Costs Tesco Ireland Ltd v Cork County Council, Ireland and the Attorney General (No 2) [2013] IEHC 580 Peart J PDA s50B(2A) The successful applicant was awarded their costs – without any deduction or discount

19. Challenges Incredibly rapid pace of development → Member States in constant state of “catch up” Lack of legal certainty & predictability National legal systems slow to respond to change

20. Challenges Economic context → resources to support Aarhus rights and enforcement activity are scarce

21. Future Directions Evolving case law from ACCC, CJEU and national courts will (hopefully) bring greater legal certainty & predictability

22. Future Directions Political will to deliver on environmental rights and provide the necessary resources to underpin Aarhus implementation?

23. Future Directions Aarhus rights must be championed at national level Awareness raising & cultural change to integrate Aarhus successfully into the national system