Multilevel Access to Justice in Environmental Matters in the European Union: A Systemic Imbalance?

Scientific Conference (2022, June 30)

The European Union (EU) is a Party to the Aarhus Convention, as are, separately, its 27 Member States. The EU’s composite and multi-layered system raises important issues as regards compliance with this ... [more ▼]

The European Union (EU) is a Party to the Aarhus Convention, as are, separately, its 27 Member States. The EU’s composite and multi-layered system raises important issues as regards compliance with this Convention. As a new kind of environment agreement, it grants the public rights and imposes on Parties obligations regarding access to information, public participation, and access to justice in environmental matters – the three pillars of environmental democracy. Access to justice emerges as the primary means for the Convention’s enforcement, supporting the two other pillars’ implementation, and safeguarding the rights it enshrines and those arising from EU or national law. Despite its pivotal importance, there is no common framework for access to environmental justice in the EU. Numerous obstacles remain at various levels. Considerable discrepancies exist between national systems. According to the ACCC, the EU failed to comply with its obligations under the Convention regarding acts and omissions by the EU institutions and bodies that contravene EU environmental law. As part of the European Green Deal, Regulation (EU) 2021/1767 – adopted on 6 October 2021 prior to the opening of the seventh session of the Meeting of the Parties – introduces significant amendments to the Aarhus Regulation which are expected to bring the EU into compliance with the Convention. Building on EU and national case-law and legislation, this paper provides a critical analysis of the amended Regulation and its impact on the implementation of the EU’s multilevel access to justice to protect every person’s right to a healthy environment. [less ▲]

Governing Health in the European Semester: Towards the Economy of Wellbeing?

Scientific Conference (2020, September 11)

Health is a key component of the Economy of Wellbeing, the new horizontal approach to political decision-making and governance adopted by the Council of the European Union on 24 October 2019. Building on ... [more ▼]

Health is a key component of the Economy of Wellbeing, the new horizontal approach to political decision-making and governance adopted by the Council of the European Union on 24 October 2019. Building on the principles of the European Pillar of Social Rights and on the Health in All Policies and One Health approaches, it seeks to strengthen the role of employment, social, health and education policies within the European Semester. Nevertheless, “wellbeing” acquires a new resonance for the post COVID-19 “Economy of Recovery”. Against this backdrop, this paper aims to provide a critical review of the effectiveness of the European Semester as a governance tool for the “wellbeing” policies from the perspective of EU law and policy- making and enforcement. It also examines future prospects in the light of the multiple impacts of the current health and socioeconomic crises. [less ▲]

Living up to High Expectations? Effective Enforcement of the European Pillar of Social Rights

Scientific Conference (2019, September 03)

The recent multidimensional crisis has provided opportunities for renewal and innovation at various levels of EU law and policy making and enforcement. Against this backdrop, policy areas connected with ... [more ▼]

The recent multidimensional crisis has provided opportunities for renewal and innovation at various levels of EU law and policy making and enforcement. Against this backdrop, policy areas connected with the EU social dimension face both general and policy-specific challenges in the complex network of existing enforcement strategies and tools in the EU legal order. This paper aims to provide a critical analysis of the EPRS as a potential driver of change in this context. [less ▲]

¿Hacia una Verdadera Acción Popular para la Protección del Medioambiente? Una Reflexión a la Luz de la Jurisprudencia Española y Europea

in Murillo, F. Javier; Mesa, Manuela (Eds.) Actas del I Congreso Internacional Derechos Humanos, Democracia, Cultura de Paz y No Violencia (2019)

The lack of legal locus standi for natural persons in environmental matters in the Spanish legal system raises important legal issues. The multilevel environmental protection and, fundamentally, European ... [more ▼]

The lack of legal locus standi for natural persons in environmental matters in the Spanish legal system raises important legal issues. The multilevel environmental protection and, fundamentally, European human rights law provide interpretative keys in favour of a true actio popularis open to citizens in defence of their individual rights and, ultimately, of environmental justice. [less ▲]

Mainstreaming the Social Dimension into EU Economic Governance: Expectations, Achievements and Future Prospects

in Masini, Fabio (Ed.) Economic Governance and Social Policies. A European Perspective (2019)

This paper aims to take stock of the Union's action to strengthen its social dimension with a focus on its impact on European economic governance. It provides a legal and political assessment of the ... [more ▼]

This paper aims to take stock of the Union's action to strengthen its social dimension with a focus on its impact on European economic governance. It provides a legal and political assessment of the European Pillar of Social Rights and examines the main achievements and/or shortcomings as regards its implementation. The Pillar's foundational role to reinforce socioeconomic governance in the EU and the challenges ahead are finally addressed. [less ▲]

Towards More Sustainable European (Economic) Integration: The Role of Social Rights

Scientific Conference (2017, July 12)

The debate on the sustainability of the European model(s) is becoming increasingly urgent. The multidimensional crisis that has been felt across the world since 2007 has revealed a deep need to raise ... [more ▼]

The debate on the sustainability of the European model(s) is becoming increasingly urgent. The multidimensional crisis that has been felt across the world since 2007 has revealed a deep need to raise awareness of the important social aspect of European integration. This paper aims to provide a critical assessment of how the crisis and austerity measures have affected the protection of fundamental social rights in the euro area. The paper argues that the continued success and the sustainability of the European project largely depends on a renewed emphasis on its social dimension [less ▲]

The European Pillar of Social Rights: Building a Deeper, Fairer Union?

Scientific Conference (2017, May 04)

The initiative for a European pillar of social rights launched by Jean Claude Juncker is expected to serve as a "compass" for the renewed convergence within the euro area. Social rights are therefore ... [more ▼]

The initiative for a European pillar of social rights launched by Jean Claude Juncker is expected to serve as a "compass" for the renewed convergence within the euro area. Social rights are therefore returning to centre stage as part of a deeper, fairer Economic and Monetary Union. Against this backdrop, this paper analyses the role and effectiveness of these fundamental rights as instruments in the service of the new European economic governance. [less ▲]

Balancing competitiveness and social fairness

Scientific Conference (2017, March 29)

This contribution provides a preliminary analysis of the first outline of the European Pillar of Social Rights launched in Mach 2016, pending the European Commission's final proposal expected in early ... [more ▼]

This contribution provides a preliminary analysis of the first outline of the European Pillar of Social Rights launched in Mach 2016, pending the European Commission's final proposal expected in early 2017. [less ▲]

Narrating the European Council: an innovative digital publication

Scientific Conference (2017, January 16)

This contribution is based on a digital enhanced publication on the origins and development of the European Council.

Sustainable Economic and Monetary Union: the role of social rights

Scientific Conference (2016, December 06)

This paper focuses on one significant aspect of the sustainability of the EMU. it argues that social rights are key factors to support economic integration in the EU and in fine the overall European ... [more ▼]

This paper focuses on one significant aspect of the sustainability of the EMU. it argues that social rights are key factors to support economic integration in the EU and in fine the overall European integration process. [less ▲]