Judicial Protection in EU Primary Law (Art. 47 of the EU Charter)
EU primary law, in particular the EU Charter, establishes basic guarantees in access to justice when EU law is applied. It is often referenced by the CJEU.
Upon cursory examination, the significance of the EU Charter in the realm of environmental protection might not be readily apparent. Only Article 37 directly addresses environmental protection: “A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development.” The EU Charter does not establish any new power for the Union. Its significance, however, transcends mere legal pronouncements, acting as a catalyst for ambitious environmental policies. In this respect, the EU Charter fulfils the expectation that it serves to extend the influence of European law and policy, or at least as a source of inspiration for further EU action.
Moreover, the EU Charter has evolved into a potent instrument, wielding influence through procedural means to safeguard the environment within the EU. Article 47 of the EU Charter guarantees the right to an effective remedy and to a fair trial, which is essential to environmental litigation and – in a wider context – to enforcement of EU environmental law. It allows individuals to seek redress through the courts, fostering a legal landscape where environmental protection can be actively championed. It states that “Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.”
The practical import of Article 47 of the EU Charter is multifaceted. It guarantees individuals the ability to seek reparation for breaches of their EU-protected rights before a competent and independent tribunal. This commitment to due process ensures that legal proceedings are conducted with fairness, transparency, and respect for the fundamental rights of all parties involved. Furthermore, Article 47 of the EU Charter safeguards the right to competent legal counsel. This provision ensures that individuals navigating the complexities of the legal system have access to informed and professional representation, levelling the playing field and fostering a just and equitable legal system.
In this respect, Article 47 of the EU Charter goes well beyond the guarantees of Article 6 of the ECHR (right to a fair trial), which is limited in several ways. First, the ECHR requirements are applicable to determination of civil rights and obligations or criminal charge. The ECtHR interprets the scope of Article 6 of the ECHR broadly, so it also applies to access to administrative courts if civil rights are at stake. For example, if the neighbour challenges the construction of a building which may affect their ownership rights (see the ECtHR Case Sporrong and Lönnroth v Sweden). Nevertheless, the provision is not automatically applicable to all environmental or public health related matters. On the other hand, Article 47 of the EU Charter makes no difference among various rights and freedoms guaranteed by EU law.