The Role of NGO’s in Environmental Litigation Against Public Authorities: Some Observations on Judicial Review and Access to Court in the Netherlands

15 Pages Posted: 17 Sep 2010

See all articles by A. T. Marseille

A. T. Marseille

University of Groningen - Department of Administrative Law and Public Administration

Jan H. Jans

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law

Date Written: September 16, 2010

Abstract

With the adoption of the Aarhus Convention and the European legislation implementing it , the rights of environmental organisations have been firmly anchored in national, international and European law. A study, commissioned by the European Commission on access to justice in environmental matters in eight European countries, showed that in the period 1996 to 2001 environmental organisations in the Netherlands brought by far the most cases. This made us wonder what the factual effects are of judicial procedures brought by environmental NGOs. It is our, modest, objective to provide the reader with some empirical data on the de facto use of judicial review procedures by NGOs in the Netherlands.

Keywords: access to justice, environmental justice, judicial review, NGO, locus standi

JEL Classification: K23, K32, K41

Suggested Citation

Marseille, A. T. and Jans, Jan H., The Role of NGO’s in Environmental Litigation Against Public Authorities: Some Observations on Judicial Review and Access to Court in the Netherlands (September 16, 2010). Available at SSRN: https://ssrn.com/abstract=1677819 or http://dx.doi.org/10.2139/ssrn.1677819

A. T. Marseille

University of Groningen - Department of Administrative Law and Public Administration ( email )

9700 AS Groningen
Netherlands

Jan H. Jans (Contact Author)

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law ( email )

P.O. Box 716
Groningen, 9700 AS
Netherlands
+31 50 363 8870 (Phone)

HOME PAGE: http://www.rug.nl/staff/j.h.jans/index

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