Effective Judicial Protection And the Environmental Impact Assessment Directive in Ireland
Áine Ryall - Hart Publishing, 2009
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This book is concerned with enforcement of
the Environmental Impact Assessment (EIA) directive in Ireland, and by
extension, in the EU. As a case study, it delves into the complex situation
pertaining to Ireland, but at a more general level it offers an up-to-date,
theoretically rich and critically incisive examination of the enforcement of the
EIA directive in Europe, with the main focus being on the role of the national
courts in overseeing the correct application of the directive by the competent
authorities via the judicial review process. The procedural requirements set
down in the EIA directive are examined against the backdrop of the role played
by the public in environmental decision-making. Amendments to the directive
prompted by the Åarhus Convention are explained and their impact on practice is
assessed. The core elements of the concept of effective judicial protection
developed by the European Court of Justice are explored. Following an analysis
of the EIA case law from the Irish Superior Courts to date, the book examines
the extent to which Irish planning and administrative law meets the requirements
of the principle of effective judicial protection and the access to justice
provisions articulated in the Åarhus Convention.
