Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases (N.M. De Sadeleer)

Author

Nicolas Michel De Sadeleer

Keywords

right to a clean environment, right to health, European Union Charter of Human Rights (EUCHR), EU environmental law, private enforcement of environmental law, access to justice, European Convention of Human Rights (ECHR), right to private and family life and the home

Abstract

So far, EU treaty law does not encapsulate any individually justiciable rights to a clean environment or to health. Th e article explores whether individuals can rely on the environmental duties embodied in the European Union Charter of Human Rights (EUCHR), and the European Convention on Human Rights (ECHR) in cases falling within the scope of EU environmental law. Moreover, it takes a close examination of the case law of both the Court of Justice of the European Union and the European Court of Human Rights regarding the standing of individuals whose environment is impaired.

Citation

de Sadeleer, N.M., Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases (2012) 81,1 Nordic Journal of International Law 39-74

Paper

Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases