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.
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
