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Charging for public participation: fees for submissions or observations on Environmental Impact Assessment

Kennedy, Rónán
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http://hdl.handle.net/10379/6106
 https://doi.org/10.13025/23329
Publication Date
2007
Keywords
Environmental impact assessment (EIA), Public participation, Submissions, Fees, Ireland, Planning law, Århus Convention, Law
Type
Article
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Citation
Kennedy, R. (2007) 'Charging For Public Participation: Fees For Submissions Or Observations On'. Environmental Law Review, 9 (4):185-291.
Abstract
In case C-216/05, Commission v Ireland, the European Court of Justice (ECJ) ruled that Irish legislation which required the payment of a fee by those making submissions regarding an environmental impact assessment (EIA) did not breach the EIA directive. Although the net legal issue in the case was straightforward, the wider implications of the case for both the EIA regime and the general freedom which Member States have in implementing directives are important. Given this, the analysis of both the Advocate General and the Second Chamber is sometimes shallower than the case warranted.
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Publisher
SAGE Publications
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Attribution-NonCommercial-NoDerivs 3.0 Ireland
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Collections
School of Law (Scholarly Articles)