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Effective Judicial Protection and the Environmental Impact Assessment Directive in Ireland

By: Aine Ryall
Media of Effective Judicial Protection and the Environmental Impact Assessment Directive in Ireland
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Published: 23-06-2009
Format: Hardback
Edition: 1st
Extent: 332
ISBN: 9781841135007
Imprint: Hart Publishing
Series: Modern Studies in European Law
Dimensions: 234 x 156 mm
RRP: £65.00
 

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About Effective Judicial Protection and the Environmental Impact Assessment Directive in Ireland

This work is concerned with enforcement of the Environmental Impact Assessment (EIA) directive in Ireland, and by extension, in the European Union more widely. As a case study it delves into the complex situation pertaining in Ireland. At a more general level it offers an up-to-date, theoretically rich and critically incisive examination of the enforcement of the EIA directive in Europe, with the main focus being on the role of the national courts in overseeing the correct application of the directive by the competent authorities via the judicial review process. The procedural requirements set down in the EIA directive are examined against the backdrop of the role played by the public in environmental decision-making. Amendments to the directive prompted by the Aarhus Convention are explained and their impact in practice is assessed. The core elements of the concept of effective judicial protection developed by the European Court of Justice are explored. Following an analysis of the EIA case law from the Irish Superior Courts to date, the work examines the extent to which Irish planning and administrative law meets the requirements of the principle of effective judicial protection and the access to justice provisions articulated in the Aarhus Convention.

Table Of Contents

1 Introduction
I. Importance of Effective Enforcement at Local Level
II. Alternative Remedies
III. Planning and Development Acts
IV. Aarhus Convention
V. Structure of the Book
VI. Note on Terminology
2 The EIA Directive and Environmental Protection
I. Introduction
II. Sustainable Development
A. European Community Perspective
B. Irish Perspective
III. Environmental Impact Assessment as a Mechanism For Environmental Protection
IV. Role of Public Participation in Environmental Decision-Making
V. EIA Directive
VI. Aarhus Convention
VII. Implications of Aarhus Convention for European Community EIA Law
A. Public Participation
B. Access to Justice
VIII. Strategic Environmental Assessment
A. European Community Perspective
B. Irish Perspective
IX. Closing Observations
3 The ECJ and National Procedural Rules and Remedies
I. Introduction
II. General Principles
III. Principle of Effective Judicial Protection
A. Evolution
B. Future Directions
C. Specific Themes
IV. Impact of Aarhus Convention
V. Impact of European Convention on Human Rights
A. ECHR and Irish Law
B. Implications for Judicial Review
VI. Closing Observations
4 The ECJ and the EIA Directive
I. Introduction
II. The ECJ's General Approach to the EIA Directive
A. Transitional Arrangements
B. Project Categorisation
C. Prior Authorisation
D. Development Consent
E. Stage of Development Consent Procedure at which EIA Must be Carried Out
III. The ECJ's Approach to Member State Discretion Under the EIA Directive
A. Exemptions
B. Assessment Procedure
C. Determining the Annex II Projects that Require Assessment
D. Detailed Arrangements for Public Participation
E. Summary
IV. Role of the EIA Directive in Judicial Review Proceedings at National Level
A. Overview
B. Justiciability of the EIA Directive before National Courts
C. Standard of Review to be Applied by National Courts
D. Substantial Compliance
E. Horizontal Effect or Consequential Adverse Impact?
F. Consistent Interpretation
G. State Liability
V. Closing Observations
5 The EIA Directive in the Irish Courts
I. Introduction
II. Overview of National Legal Framework
A. General Provisions
B. Planning Applications for Strategic Infrastructure
C. Special Statutory Framework Governing Judicial Review
D. Rule in Henderson v Henderson
E. Judicial Discretion
F. Costs
III. Irish EIA Jurisprudence
A. Grappling with Direct Effect
B. Consistent Interpretation
C. Minimalist Approach to Obligations Created in the EIA Directive
D. Judicial Deference
E. Substantial Compliance
F. Impact of National Procedural Rules
G. Concept of 'Development Consent'
H. Intersection between Planning and Pollution Control
I. Interrelationship between Domestic Proceedings and Commission Enforcement Activity
J. Appraisal
IV. Impact of Article 10a
A. Hope and Anticipation
B. Legislative Measures
C. Judicial Implementation
V. Closing Observations
6 Conclusion

Reviews

“.one of the most scholarly books on Irish law published in the last 20 years and quite different in the strength and depth of its analysis to the superficial law texts published with increasing frequency since the advent of cheap publishing. It originated as a Ph.D thesis but has been adapted to make it more accessible to the non-specialist reader. Its clear style and use of uncomplicated, unpretentious language makes it a joy to read.

Dr Ryall is to be congratulated for having her book published by distinguished publishers and for having it designated a Modern Study in European Law. It has established her international reputation as a leading scholar in Environmental law. It is truly an excellent work which is easy to read and which gives one a complete understanding of the EIA Directive and of aspects of EU law relevant to the enforceability of EU Environmental law in Ireland. All interested in Environmental law should buy it.

” –  Yvonne Scannell, Dublin University Law Journal, Volume 18, 2011

“The structure of the book is well organised.

Ryall's work is particularly interesting when it comes to identifying the divergence in judicial approaches to the doctrine of consistent interpretation and to the potential impacts of art. 10a on national standing rules.

” –  Eamon Galligan, Irish Planning and Environmental Law Journal, Vol. 16, No.4, Winter 2009

“An up-to-date, theoretically rich and critically incisive examination of the enforcement of the EIA directive in Europe” –  M. Polak, European Review of Public Law, Volume 21-4, 2009

“An important study of one of the greyer areas of European Union law – the effectiveness of national courts in protecting rights granted in European Union law

A meticulously researched, clearly structured, easily accessible text. This is a book that will be valuable for practitioners, academics and students with an interest in environmental impact assessment. Additionally, it will also be a useful resource for those with a wider interest in European Union law

” –  Brian Jack, Irish Jurist, Volume 43, No 131 (2008)

“Ryall has produced a comprehensive, lucid, readable and progressive account of one of the more intricate phenomena of planning and environmental legislation. The book will be indispensable to environmentalists and social scientists."” –  Michael Smith, Village, March/April 2010, Issue 9

“In this excellent book, Ryall seeks to address this issue in the context of Ireland and the Irish courts.

The structure of the book is clear and logical.

” –  Suzanne Kingston, Common Market Law Review, Volume 47, Issue 2, April 2010

“Áine Ryall has gained considerable respect from her peers for the comprehensive and detailed work on the application of the [EIA] Directive, particularly in Ireland, but campaigners will also take heart from the support offered by the arguments that the restrictive approach to the application of the EIA Directive by the judiciary and the potentially high costs, is to restrict access to justice in environmental matters in Ireland unacceptably.” –  Judy Osbourne, An Taisce

“The book is very well written and structured. It provides a detailed account of the implementation of this Directive in Ireland and the approach of the national courts to its enforcement... It should provide a case study of interest to all EU lawyers, as well as those specifically interested in environmental protection; and for those unfamiliar with the Directive and the Aarhus Convention the book provides a clear and concise account of both. Indeed, the book is written and structured in such a way that it would be possible to pick up a chapter of particular relevance without reading the entire work... it provides a valuable addition to the literature.” –  Dr Victoria Jenkins, European Law Review

“Áine Ryall's books is a very welcome contribution to this growing literature, both for the ... audience of specialist EIA lawyers who have contributed to this literature and who will find it particularly useful, and for the (very much larger) audience of more general environmental lawyers, planners and policy makers in European Member States with interests and practice in this area.
I have no hesitation but to strongly recommend this excellent book to environmental lawyers, planners, policy makers, academics and graduate students in the EIA and related fields. The book is very well written throughout, and the arguments are strongly made and supported with reference to the relevant law, policy and guidance. For a greater understanding of how the EIA and related directives work within the context of ECJ application and interpretation, it is particularly endorsed.
” –  Simon Marsden, Journal of Environmental Assessment Policy and Management, Volume 12, Number 2, June 2010

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