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Full-Text Articles in Law
Climate Change Law And Policy In The European Union, Sanja Bogojevic
Climate Change Law And Policy In The European Union, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Judicial Protection Of Individual Applicants Revisited: Access To Justice Through The Prism Of Judicial Subsidiarity, Sanja Bogojevic
Judicial Protection Of Individual Applicants Revisited: Access To Justice Through The Prism Of Judicial Subsidiarity, Sanja Bogojevic
Sanja Bogojević
Rules on standing hold the power to enable, as well as foreclose, intervention in regulatory processes. As such, they determine whom, and according to which criteria regulatory power may be challenged. This makes standing rules pivotal to any legal system. In the EU context, the Court of Justice of the European Union (CJEU) has, over the years, been much criticised for its narrow interpretation of direct standing rules of individual applicants. Examining recent case law on standing of individual applicants, focusing on jurisprudence concerning mainly EU environmental law, this article sheds new light on this judicial approach, arguing that the …
Cjeu, Can You Hear Me? Access To Justice In Environmental Matters, Sanja Bogojevic
Cjeu, Can You Hear Me? Access To Justice In Environmental Matters, Sanja Bogojevic
Sanja Bogojević
Over the years, much ink has been spilled in the debate on standing of NGOs before the EU courts. This issue has been the object of particular consideration following the ruling in the Greenpeace case where the General Court denied the NGO in question standing on the basis that it did not ‘adduce any special circumstances to demonstrate the individual interest of their members’. Considering that environmental NGOs tend to represent the interests of society as a whole, or that of the environment in particular, imposing this kind of conditioning seems unreasonable. Indeed, this judgment, coupled with the more general …