Access to justice in environmental matters is a hot topic in Europe. As a result of recent case law of the European Court of Justice, the question arises whether access to justice should be broadened in order to comply with all pillars of the Aarhus Convention. This book discusses four different options for access to justice in environmental matters to move forward. The consequences of those options are discussed from a socio-economic perspective. Attention is paid generally to the law and society view on public interest litigation, but especially economic insights are provided (both rational choice theory as well as behavioural) to address how access to justice and the different options central to this book should be viewed from an economic perspective. Moreover, access to justice in environmental cases in a few particular Member States has been examined (more particularly Latvia, the United Kingdom and Germany) since those countries have striking differences as far as access to justice in environmental matters is concerned. Interviews were held with relevant stakeholders to value their opinion on (a broadening of) access to justice in environmental matters.
The book is the result of a collaboration between researchers from the faculty of law of Maastricht University and most are connected to the Maastricht European Institute for Transnational Legal Research (METRO).
Michael Faure is a Professor in Law and Economics at Maastricht University and at Erasmus University Rotterdam Niels Philipsen is senior Researcher in Law and Economics at Maastricht University and Vice-Director of research institute METRO
1 Introduction; 2 Legal Background; 3 Examining the Four Options; 4 Incentives, Costs and Benefits: A Law and Economics Analysis; 5 Environmental Democracy and Access to Justice: A Comparative Law and Society Approach; 6 Empirical Survey: Country Studies; 7 Summary and Policy Recommendations