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When Aarhus meets with the Principle of legal protection in EU law …

Explore the controversies surrounding the Swedish Wolf Hunt in line with the Bern Convention, EU Habitats Directive, and legal principles of Union law. Delve into the challenges faced by environmental NGOs in accessing justice and the implications of the Principle of "useful effect" in ensuring judicial protection.

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When Aarhus meets with the Principle of legal protection in EU law …

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  1. When Aarhus meets with the Principle of legal protection in EU law … Presentation at 9th Meeting of the Task Force on Access to Justice, Geneva 14-15 June 2016 Professor Jan Darpö Faculty of Law Uppsala Universitet

  2. Wolf Controversies • Strict protection under Bern Convention and EUs Habitats Directive… • Re-established in Scandinavia, around 350 animals today, fierce conflicts…

  3. Swedish Wolf Hunt • 2010 & 2011; license hunt, no ENGO standing… • 2012; EU Commission’s action = No hunt… • 2013; License hunt, but standing according to Slovak Brown Bear (C-240/09), decision quashed… • 2014; Quashed again…

  4. The ”Appeals Ban” • 2015; From regional level to SEPA, but no further. Article 9.3 AC; ”administrative procedures”, ENGOs appealed to court… HFD 2015-12-18 in case No 312-15 • Legal principles of Union law includes legal protection in court; Art 4(3) & Art 19(1) 2nd para TEU, Art 47 European Charter… • C-240/09 & C-115/09:…to the fullest extent possible to allow ENGO standing, but here NOT…

  5. HFD about the P of legal protection • Principle of “useful effect” (effet utile”) means that a court must have the possibility to check whether a national authority has acted according to clear and unconditional obligations according to a directive and – if not – can disapply conflicting national rules (C-127/02 p 66, C-263/08 p 45)… • Thus have ENGOs “rights” according to the Habitats Directive, which must enjoy judicial protection… • …in a court according to Article 267TFEU…

  6. ….and finally… THANK YOU FOR LISTENING..! http://www.unece.org/env/pp/tfaj/jurisprudenceplatform.html   

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