Locus standi before administrative courts in environmental matters: A European perspective

Abstract

The main goal of this article is to examine to what extent citizens and their associations as a party in court proceedings can protect the environment in EU countries and Serbia, and also to identify main trends and limitations for access to justice in European legal systems. After analysing the three prevailing approaches to the regulation of locus standi in European countries, the aim of this article is also to determine the extent to which Serbian legislation fits into European legal systems. A normative-dogmatic method and a comparative legal method have been used in this article in order to analyse the legislation and practise in European countries in relation to the right of the public to protect the environment in administrative judicial proceedings. The article focuses on analysing the relevant international and national legislations and their implementation. The way in which locus standi is formulated is the key issue in exercising the right of the (concerned) public to initiate an administrative dispute for the protection of the environment and the protection of participation rights in environmental decision-making. Access to administrative courts in environmental matters usually implies that legal standing to initiate administrative disputes is granted to environmental civil society organisations (the public concerned), although citizens (the public) may also have standing in some cases.

Keywords

• locus standi in administrative disputes
• access to environmental justice
• the public and the public concerned
• legal standing