Taking access to justice seriously: diffuse interests and actio popularis. Why not?

Aragão, Aleksandra; Carvalho, Ana Celeste

doi:10.46850/elni.2017.006

Cited by 5 publications

(3 citation statements)

References 4 publications

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“…The actio popularis is delineated as a public interest litigation of penal character brought by a member of the public in the interest of the general public order, as is the case of the environment which inherently has the status of a shared interest. While some other Member States do provide grounds for actio popularis, too, the legal standing-i.e., the entitlement to bring a legal claim in front of a court to protect the right or interest of the claimant-remains dependent on either the manifestation of a right impairment or a sufficient interest which would authorize the person to act [24]. For example, in the case of environmental violations, the element of geographical proximity of the claimant could be considered, and the mere interest of a concerned citizen would not be sufficient grounds.…”

Section: Environmental Protection and Public Participation At The European And International Levelmentioning

confidence: 99%

“…Despite the fact that the nature of criminal procedure is an important element which has implications on the process and outcome of a case, and which does not create any extensive burden on the State to apply in practice, the issue of active participation of NGOs in criminal environmental matters has been relatively omitted by legal scholars. That is to say, those researchers who address public engagement in criminal environmental cases do so at the level of lawsuit or filing a lawsuit, especially as regards the so-called public lawsuit (actio popularis) [17,24,25], they do not deal with the question whether the public can actively engage in the actual proceedings. The article argues that the realization of the right to a clean environment, in light of the principle of sustainability as a principle of international law, and especially in the context of corporate abuse, warrants reconsidering the legal basis on which NGOs could assume an active role in environmental criminal proceedings.…”

Section: Introductionmentioning

confidence: 99%

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Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings

Kotlán¹,

Kozlová²,

Machová³

2021

Sustainability

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Establishing criminal liability for environmental offences remains daunting, particularly with regard to the ‘no plaintiff—no judge’ element as a result of which the public seems to be ultimately deprived of the possibility to participate in criminal environmental proceedings. While there is arguably a lack of specific instruments at the European Union (EU) level which would prescribe such legal obligation on the part of the State, there has been a shift in understanding the role of the public and its participation in criminal liability cases, namely under the auspices of the so-called effective investigation and the concept of rights of victims in general. Using the example of the Czech Republic as a point of reference, this article aims to assess the relevant legal developments at both EU and Czech levels to illustrate why the non-governmental organizations (NGOs), essentially acting as public agents, should be granted an active role in environmental criminal proceedings. After examining the applicable legal framework and case law development, the article concludes that effective investigation indeed stands as a valid legal basis for human rights protection which incorporates an entitlement to public participation. Despite that, this pro-active shift is far from being applied in practice, implying that the legislation remains silent where it should be the loudest, and causing unsustainable behaviour of companies.

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Section: Environmental Protection and Public Participation At The European And International Levelmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings

Kotlán¹,

Kozlová²,

Machová³

2021

Sustainability

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“…If so, what is this role in Iranian law, and if not, what action should be taken in the field of legislation? The answers to these questions reveal the type of attitude of the Iranian legislature towards the environment in environmental policies and explain the criteria and mechanisms adopted in the form of participatory prevention for environmental protection and sustainable use of the country's natural resources [18][19][20][21][22][23][24].…”

Section: Of 14mentioning

confidence: 99%

Prevention and Suppression of Environmental Crimes in the Light of the Actions of Non-Governmental Organizations in the Iranian Legal System

Shohani¹,

Ataei²,

Norouzi

2021

RJEES

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Today, non-governmental actors play an important role in the national and international arena. The geographical diversity of their field of activity and their different functions have made it impossible for government actors to be indifferent to the role of these new actors. NGOs act as "rival" or "partner" governments. In human rights, these organizations are more of a rival to governments; While on health, development, and the environment, they are considered more as partners of governments. In the Iranian legal system, the active role of these organizations in terms of environmental protection is undeniable; But there are still many gaps in the reaction phase; Appropriate conditions must be provided for the active participation of these actors in environmental litigation; In such a way that they can achieve their desired position in criminal proceedings as quasi-prosecutors.

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Environmental protection in the draft civil code

Rašević

2022

Zb Matice srp drus nauke

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Article 11 of the draft Serbian Civil Code establishes a precedent, i.e. the principle of environmental protection. It is manifested as an accessory popular civil duty erga omnes, a protected public good, and a means of civil rights? restriction. This paper investigates whether this new institution of civil law is necessary or at least opportune, purposeful and harmonized with positive law. The results of comparative and doctrinal insights indicate that the answers to these questions are affirmative. However, certain shortcomings of the proposed provision are found: the lack of a duty to restrain from environmental harm, the absence of the individual environmental right and the undefined impact on civil affairs and on the enjoyment of civil rights. Given the vague and blanket nature of the provision, these shortcomings can be remedied by broader interpretations and references to the rules of public and environmental law, ethics and intergenerational solidarity. This paper suggests another possibility, i.e. the intervention in the proposed text of the provision to complete the future civil law legislation and integrated environmental protection.

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Taking access to justice seriously: diffuse interests and actio popularis. Why not?

Cited by 5 publications

References 4 publications

Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings

Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings

Prevention and Suppression of Environmental Crimes in the Light of the Actions of Non-Governmental Organizations in the Iranian Legal System

Environmental protection in the draft civil code

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