Article,
Who is the Referee? Access to Justice in a Globalised Legal Order: A Case Analysis of ECJ Judgment C-240/09 Lesoochranárske Zoskupenie of 8 March 2011
REALaw, 4 (1): 85--97 (2011)
Abstract
In the 2010/2 issue of REALaw Jane Reichel - in her analysis of the preliminary judgment given by the Court of Justice in the Djurgården-Lilla Värtan case - illustrated that, in particular in the area of environmental law, judicial control in a globalised legal order is a rather complex theme. On the basis of this judgment it seemed that it is to the ECJ to decide whether national conditions regulating access to justice are compatible with both the Aarhus Convention and EU law. The judgment in Case C-240/09 Lesoochranárske zoskupenie, illustrates once more that a straight answer to a simple question “who has the right to access to justice” is not always possible. Also Lesoochranárske zoskupenie shows that even the question “who decides who has access to justice” in environmental matters is a difficult one.
