Aarhus Regulation Administrative (self-) Review Mechanism: The Inevitable Failure to Contribute to Access to Justice in the EU?

Abstract

In this article, the administrative review mechanism under the ‘old’ and the ‘new’ Aarhus Regulation is analysed. It is argued that the mechanism still raises concerns, among others, regarding impartiality and fairness, as required by the Aarhus Convention (the ‘old problems’). The conclusion is that although the Aarhus Regulation administrative review mechanism was introduced in order to strengthen access to justice in environmental matters in the EU legal system, it does not significantly contribute to this aim. Instead, it constitutes the mechanism of self-review for the EU institutions and bodies. Nevertheless, it is argued that this failure is inevitable and lays down in its very foundations. In practical terms, it seems that the mechanism designed to ‘provide for access to judicial or other review procedures for challenging acts and omissions by private persons’ effectively contributes to another than access to justice component of environmental democracy, mainly access to information. Access to justice, EU legal remedies, environmental law, administrative review mechanism, Aarhus Convention, Aarhus Regulation