Summary
Cefic expresses concerns over the European Commission’s legislative proposal to amend the Aarhus Regulation, which they argue creates an exclusive and expansive administrative review mechanism for environmental NGOs, potentially leading to increased litigation. Cefic acknowledges the Commission’s attempt to address issues raised by the Aarhus Convention Compliance Committee while maintaining consistency with the EU Treaty system of legal remedies. However, Cefic warns that the proposed changes may undermine legal certainty and lead to biased, politically-driven challenges against EU acts.
Key Takeaways:
- The proposal significantly broadens the range of EU acts that environmental NGOs can challenge, including measures across various EU policies, potentially increasing politically motivated litigation.
- Criticism revolves around the lower threshold for reviews, granting environmental NGOs privileged access to a two-tier review process not available to other stakeholders.
- Cefic urges alignment with the EU Treaty’s concepts of ‘regulatory acts’ and ‘right to act’ to prevent inconsistent application of legal remedies and safeguard legal certainty.