Description

Environmental judicial review is characterised by the fact that much of its content is based on complex scientific assessments made by the administrative authorities while they, for example, estimate the environmental impacts of planned projects and consider the permit conditions. Controversies are often born out of disagreements on a certain technical or scientific assessment made by the authorities, which, in turn may result—in the view of some—in the violation of environmental law. Balancing between facts and norms is innate to environmental regulation, where often open-ended and general legal norms are concretized in scientifically detailed annexes or subordinate legislation. Disputes on these factual matters bring to fore one of the key elements of judicial review: to which extent a court can evaluate administrative authorities’ stances on scientific questions pertinent to solving the substance matter. In this lecture, we learn about the solutions opted for in the jurisdictions of six European Union Member States. Also, international and EU law requirements for the judicial review are explained: it is analysed whether the standards of review employed by the national courts and their possibility to access scientific expertise ensure effective protection of EU environmental law.

About The Speaker

Dr Tiina Paloniitty (LL.D.) is a postdoctoral researcher at the University of Helsinki’s Institute of Sustainability Science HELSUS. She has researched EU environmental and water regulation, legal theory and comparative administrative law; her thesis monograph passed with distinction from University of Helsinki in 2018. Dr Paloniitty has published with the Journal of Environmental Law, Journal of Human Rights and the Environment, and coedited a special issue for European Energy and Environmental Law Review (4/2018).