Access to Justice in Environmental Matters: A Socio-Economic Analysis

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Access to justice in environmental matters is a hot topic in Europe. In the light of recent case law of the European Court of Justice, the question arises whether access to justice should be broadened in order to comply with all pillars of the Aarhus Convention. This book discusses four different options for further action at EU level. The consequences of these options are discussed from a socio-economic perspective. Attention is paid to a law and society perspective on public interest litigation by discussing the relevant economic literature (rational choice theory as well as behavioural economics) and applying the economic insights to the four options for further action at EU level. Moreover, access to justice in environmental matters in three EU Member States has been examined more closely (Latvia, the United Kingdom and Germany) since those countries have striking differences as far as such access to justice is concerned. Interviews were held with relevant stakeholders to value their opinion on (a broadening of) access to justice in environmental matters.The contributors to this book are all affiliated with the Faculty of Law of Maastricht University. The book is the result of a collaboration between environmental lawyers (Chris Backes), specialists in civil procedure (Fokke Fernhout), Law and Economics scholars (Michael Faure, Manuela Mühl and Niels Philipsen) and Law and Society scholars (Leila Choukroune). Editors of the volume are Michael Faure and Niels Philipsen, connected to the Maastricht European Institute for Transnational Legal Research (METRO).