David Hall Lecture Challenges Europe

Philippe Sands QC criticizes Europe's lack of environmental justice

"In circumstances in which so many decisions are being taken at the community level, rather than at the level of the Member States, the lack of access to effective legal review may be seen as a profound failure for accountability and, ultimately, democracy." 

Author, professor and barrister, Philippe Sands QC delivered ELF's annual David Hall Lecture on 11 June 2008 at the Law Society. Attendees heard a passionate talk on the European judicial system's lack of environmental justice. According to Sands, this deficit stems from an outdated reading of the 1957 Treaty of Rome, in which only those who are directly, individually concerned with a European Community decision may challenge the outcome. This makes it impossible to challenge decisions relating to the environment, as the environment is inherently shared amongst the community. Professor Sands referred to Greenpeace and Others v European Commission (C-321/95P). Here, Greenpeace and other NGOs opposed the construction of two power plants in Spain. The European Court of Justice concluded that the appellants did not have locus standi, as they were not directly and individually concerned with the decision.

Professor Sands went on to describe how the 1998 Aarhus Convention should have improved environmental rights. The Convention grants public rights of participation and access to justice in governmental decision-making processes on matters concerning the local, national and trans-boundary environment. Ten years on, however, and the European Courts have not moved away from their exclusive approach. This was recently demonstrated by the decision of the Court of First Instance, which refused the World Wildlife Fund's application to challenge the European Council's allocation of cod quota.

In conclusion, Professor Sands called upon the European Courts to take a different approach, and enable individuals to act on behalf of the environment. As things stand, failure to be able to challenge any environmental decision at the European level raises the most profound challenge to a democratic legal order. The European judicial system must undergo dramatic changes if the environmental problems haunting the global commons are to be resolved.

 

For the full lecture transcript click here