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The contours of ecological justice before EU courts in the light of recent case-law

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Article

Franck Lecomte

ERA Forum

2021

21

4

737-751

environmental protection ; judicial procedure ; EU Court of Justice ; case law

EU countries

Law

https://doi.org/10.1007/s12027-020-00638-2

English

Bibliogr.

"As a result of the ongoing ecological crisis, a new generation of strategic litigation has come before the courts of the Member States. Some such litigation also arrived in the EU courts through direct actions, and has faced difficulties, specifically with regard to rules on admissibility. Yet, one should not lose sight of the conventional procedures that have made litigation a success before EU courts, in particular the preliminary ruling procedure. In addition, the uniform interpretation of EU law has made possible the assessment of the position of parties before national courts and the strengthening of their access to courts. Lastly, these and other recent developments in the case-law have arguably contributed to the emergence of an “ecological rule of law”."

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