公共利益
晋升(国际象棋)
法学
环境法
政治学
政府(语言学)
职位(财务)
公共领域
订单(交换)
公共行政
业务
政治
地理
考古
哲学
语言学
财务
作者
Berthy van den Broek,Liesbeth Enneking
出处
期刊:Utrecht law review
[Utrecht University School of Law]
日期:2014-07-03
卷期号:10 (3): 77-77
被引量:6
摘要
In the Netherlands, the administrative law system is traditionally seen as best suited for dealing with public interest-related lawsuits. Especially in the field of environmental law, NGOs seeking to promote broader environmental interests regularly initiate judicial procedures before administrative courts in order to challenge land-use plans, environmental permits and other types of public orders that may have adverse impacts on local natural habitats and/or the environment more generally. However, over the past five years a number of developments have resulted in a more restricted access to administrative courts for environmental NGOs. It has been suggested that these developments may result in an increased reliance on public interest-related procedures before civil courts. This raises the question of what position public interest-related claims, like those against Shell for oil pollution in the Niger Delta and those against the Dutch government for its alleged failure to implement adequate climate change policies, currently have within the Dutch system of civil procedure. It also raises the question whether environmental NGOs in practice do have the broad access to Dutch courts that is required by international obligations, and whether room for improvement should perhaps be sought in the civil law domain.
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