Effective Judicial Protection and the Environmental Impact Assessment Directive in Ireland

(Hardback)

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This work is concerned with enforcement of the Environmental Impact Assessment (EIA) directive in Ireland, and by extension, in the EU more widely. As a case study it delves into the complex situation pertaining in Ireland, but 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. Recent amendments to the directive prompted by the Arhus Convention are explained and their likely 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 Arhus Convention.

Reviews

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 Aine 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 Summer 2010 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 August 2010 Aine 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

Author Bio

ine Ryall is a Senior Lecturer at the Faculty of Law, University College Cork, Ireland.