Aarhuská úmluva ve světle judikatury SDEU, českých a slovenských soudů

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Title in English The Aarhus Convention from the perspective of the jurisdiction of the CJEU, Czech and Slovak courts
Authors

ŽIDEK Dominik

Year of publication 2014
Type Article in Proceedings
Conference Cofola International 2014 Conference Proceedings
MU Faculty or unit

Faculty of Law

Citation
Web http://www.law.muni.cz/sborniky/cofola2014/COFOLA_2014_sbornik.pdf
Field Law sciences
Keywords The Aarhus Convention; right of action; public 'concerned on environment'; environmental protection; self-executing effect; civic association; comparison of the case law
Description The focus of the paper is a thorough analysis of the CJEU Judgment in Case C-240/09 concerning the direct applicability of Article 9, paragraph 3 of the Aarhus Convention in relation to the public participation in administrative proceedings relating to the interests of environmental protection. This paper aims to comparatively analyze the consequences of this judgment in the court proceedings of the Supreme Administrative Court of the Czech Republic and the Supreme Court of the Slovak Republic with an emphasis on their differences, which are reflected in the diversity of the recognition of the right of action to persons from the general public.
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