Environment: “The fish cannot go to court”: Give your opinion on how to improve access to environmental justice.

The European Commission has launched a public consultation on ways to improve access to justice in the field of the environment. Access to justice – the right to challenge decisions or omissions by public bodies that are suspected of not complying with environmental law – is an international obligation under a UN Convention ratified by the EU in 2005.

Environment Commissioner Janez Potočnik said: "It is very important that citizens and NGOs are able to play an active role in defending the environment. In the words of Advocate General Eleanor Sharpston: 'the fish cannot go to court'"

Although EU legislation covers many areas related to access to justice, there are gaps which are only filled by case law. Stakeholders are concerned by the legal uncertainty that they currently face and both the Council and Parliament have called for action to improve access to environmental justice. This consultation asks for views on what action at EU level might be needed to complement or clarify existing legislation, to ensure fair and effective access to national courts in environmental matters.

European Commission/ Press release