Annex 1
Response statistics for 'Access to justice in environmental
matters – options for improving access to justice at
Member State level'
Current search:
Query definition
National authority OR Regional or local
If Public authority:
authority OR National judges
Result pages
There are
9 responses matching your criteria of a total of
631 records in the current set of
data.
Expand all -
Collapse all
Sorted answers
Original order
Introductory questions
A. Please indicate the country where you reside or where your organisation is principally based:
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Austria
0
(0%)
(0%)
(0%)
Belgium
1
(11.1%)
(0.2%)
(11.1%)
Bulgaria
0
(0%)
(0%)
(0%)
Cyprus
0
(0%)
(0%)
(0%)
Czech Republic
0
(0%)
(0%)
(0%)
Denmark
0
(0%)
(0%)
(0%)
Estonia
0
(0%)
(0%)
(0%)
Finland
0
(0%)
(0%)
(0%)
France
0
(0%)
(0%)
(0%)
Germany
4
(44.4%)
(0.6%)
(44.4%)
Greece
0
(0%)
(0%)
(0%)
Hungary
0
(0%)
(0%)
(0%)
Ireland
0
(0%)
(0%)
(0%)
Italy
0
(0%)
(0%)
(0%)
Latvia
0
(0%)
(0%)
(0%)
Lithuania
0
(0%)
(0%)
(0%)
Luxembourg
0
(0%)
(0%)
(0%)
Malta
0
(0%)
(0%)
(0%)
Netherlands
0
(0%)
(0%)
(0%)
Poland
1
(11.1%)
(0.2%)
(11.1%)
Portugal
0
(0%)
(0%)
(0%)
Romania
0
(0%)
(0%)
(0%)
Slovakia
0
(0%)
(0%)
(0%)
Slovenia
3
(33.3%)
(0.5%)
(33.3%)
Spain
0
(0%)
(0%)
(0%)
Sweden
0
(0%)
(0%)
(0%)
United Kingdom
0
(0%)
(0%)
(0%)
Rest of Europe
0
(0%)
(0%)
(0%)
Outside Europe
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
B. To which one from the following categories do you belong?
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Citizen
0
(0%)
(0%)
(0%)
Organisation
0
(0%)
(0%)
(0%)
Public authority
9
(100%)
(1.4%)
(100%)
N/A
0
-
(98.6%)
-
Number of
Requested
% of total
requested
records
number records
records
()
()
Trans-European network or organisation of environmental 0
(0%)
(0%)
professionals
National network or organisation of environmental
0
(0%)
(0%)
professionals
Business
0
(0%)
(0%)
Business organisation representing collective interests
0
(0%)
(0%)
Environmental organisation
0
(0%)
(0%)
Academia
0
(0%)
(0%)
Other
0
(0%)
(0%)
Number of
Requested
% of total
requested
records
number records
records
(9)
(9)
National authority
2
(22.2%)
(22.2%)
Regional or local authority
6
(66.7%)
(66.7%)
National judges
1
(11.1%)
(11.1%)
Other
0
(0%)
(0%)
D. Unless you specify otherwise, your contribution will be published on the Commission's website. Please
indicate here if you wish your contribution to be anonymous for purposes of publication. For full information
please see the Privacy Statement on the bottom.
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
You can publish this contribution as it is 5
(55.6%)
(0.8%)
(55.6%)
Please make this contribution anonymous 4
(44.4%)
(0.6%)
(44.4%)
N/A
0
-
(98.6%)
-
Explanation of terms used in the Questions
(These are not legal definitions and serve only to aid understanding of the questionnaire).
"Access to justice" Ensuring effective redress for citizens and their associations, including
environmental associations, by allowing them to challenge acts or omissions before a court of law
or other independent and impartial body established by law. This involves broad access rights, with
timely and not prohibitively expensive procedures, covering also injunctive relief, as appropriate.
"Level playing field", means access to justice that ensures broadly equal rights and means for
different actors in a possible conflict situation. From a cross-border perspective it means that the
same minimum conditions for access to justice are made available in different Member States.
"Non-judicial conflict resolution", sometimes referred to as
"alternative dispute resolution
(ADR)" means amicable ways of resolving disputes between opposing parties with the help of a
third party (often referred to as a mediator) acting in a professional and impartial manner.
"
Not prohibitively expensive procedures" means that the costs incurred by the parties to the
proceedings should not be set a level that effectively deters or bars citizens and their associations
from bringing legal challenges.
"Legal certainty" means that there is a clear legal framework, where all potential parties to
litigation are aware of the full breadth of their rights and where legislation is in place on access to
justice in environmental matters, so that decision-makers, including judges, have clear rules to
rely upon, when resolving legal conflicts in the field.
"Cost-effectiveness" relates to means whereby access to justice can be combined with the
avoidance of unnecessary costs for public administrations, including those responsible for access to
justice
. "Administrative burden" relates to the burden faced by the private businesses and potential
litigants due to the lack of streamlined administrative and judicial procedures to deal with access
to justice.
"Effective remedy" is the action to be taken by the national court if it finds that there has been a
procedural or substantive breach of EU environment law by a public authority or other party. This
would mean in particular, revocation of consents given in breach of procedural or substantive
requirements; interim measures, until a final decision is delivered on the subject
(injunctive
relief) and potentially ensure compensation for breaches of EU environment law.
“
Scope of review” is the extent to which the national court will review a decision by an authority
or a private party, in particular whether it will only look at the procedural legality of the decision
or review the substance of the decision, and whether it will show deference to the decision or
review the decision on the basis of its own assessment of the facts.
A Importance of ensuring effective and efficient access to environmental
justice in Member States
Question 1 How would you rank the importance of the following possible
advantages of ensuring
effective and efficient
access to justice in environmental matters in Member States?
a) Reduction of administrative burden for stakeholders
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
1
(11.1%)
(0.2%)
(11.1%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
4
(44.4%)
(0.6%)
(44.4%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
b) Level playing field between stakeholders and Member States
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
1
(11.1%)
(0.2%)
(11.1%)
Important
7
(77.8%)
(1.1%)
(77.8%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
c) Ensuring cost-effectiveness for national, regional or local administrations, including those responsible
for administration of courts and administration of similar bodies
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
3
(33.3%)
(0.5%)
(33.3%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
d) Ensuring legal certainty for stakeholders, such as citizens, their associations and business
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
6
(66.7%)
(1%)
(66.7%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
e) Ensuring adequate protection for the environment and human health
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
5
(55.6%)
(0.8%)
(55.6%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
Question 2 How would you rank the importance of the following aspects of access to justice from the perspective of
achieving overall
effective and efficient access to justice in environmental matters in Member States?
a) Ensure a right of access to national courts by individual citizens and associations
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
6
(66.7%)
(1%)
(66.7%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
b) Ensure an adequate scope of review by national courts
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
6
(66.7%)
(1%)
(66.7%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
c) Ensuring timely judicial procedures and avoiding undue delays
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
4
(44.4%)
(0.6%)
(44.4%)
Important
5
(55.6%)
(0.8%)
(55.6%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
d) Ensure that procedures before national courts are not prohibitively expensive
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
4
(44.4%)
(0.6%)
(44.4%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
e) Ensure that national courts apply effective remedies, including injunctive relief, to prevent damage to
human health and the environment
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
4
(44.4%)
(0.6%)
(44.4%)
Important
5
(55.6%)
(0.8%)
(55.6%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
Question 3 How important is it to give broadly
the same rights of access to environmental justice to individuals and to
associations?
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
1
(11.1%)
(0.2%)
(11.1%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
Question 4 How important is it to give broadly
the same rights of access to environmental justice to litigants from the
Member State concerned and to litigants from other Member States?
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
2
(22.2%)
(0.3%)
(22.2%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
2
(22.2%)
(0.3%)
(22.2%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
Question 5 How important is it
for the following interests to have a clear and predictable
national legal framework for
ensuring effective access to environmental justice?
a) Public administrations in general
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
5
(55.6%)
(0.8%)
(55.6%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
b) Courts and other administrations responsible for access to justice
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
6
(66.7%)
(1%)
(66.7%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
c) The legal profession
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
4
(44.4%)
(0.6%)
(44.4%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
d) Local business
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
e) Business located in other Member States
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
1
(11.1%)
(0.2%)
(11.1%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
2
(22.2%)
(0.3%)
(22.2%)
Not important
1
(11.1%)
(0.2%)
(11.1%)
No opinion
2
(22.2%)
(0.3%)
(22.2%)
N/A
0
-
(98.6%)
-
f) Citizens and associations active in the environmental field
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
7
(77.8%)
(1.1%)
(77.8%)
Important
1
(11.1%)
(0.2%)
(11.1%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
g) Vulnerable members of the society that cannot easily protect themselves, such as children and people
suffering from poor health or disability
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
5
(55.6%)
(0.8%)
(55.6%)
Important
1
(11.1%)
(0.2%)
(11.1%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
1
(11.1%)
(0.2%)
(11.1%)
No opinion
2
(22.2%)
(0.3%)
(22.2%)
N/A
0
-
(98.6%)
-
h) The environment
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
6
(66.7%)
(1%)
(66.7%)
Important
1
(11.1%)
(0.2%)
(11.1%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
i) Human health
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
5
(55.6%)
(0.8%)
(55.6%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
Question 6 How important is it to have a legal framework that is
clear and predictable on the following aspects:
a) Standing of individuals
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
6
(66.7%)
(1%)
(66.7%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
b) Standing of associations
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
5
(55.6%)
(0.8%)
(55.6%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
c) Scope of review by the courts
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
5
(55.6%)
(0.8%)
(55.6%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
d) Costs of access to the courts
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
e) Remedies, including injunctive relief
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
5
(55.6%)
(0.8%)
(55.6%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
f) Timeliness of judicial proceedings
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
4
(44.4%)
(0.6%)
(44.4%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
2
(22.2%)
(0.3%)
(22.2%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
Question 7 How important is it to the following interests to have environmental access to justice that is
cost-effective and keeps
administrative burden to a minimum?
a) Public administrations generally
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
5
(55.6%)
(0.8%)
(55.6%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
2
(22.2%)
(0.3%)
(22.2%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
b)
Courts and other administrations responsible for access to justice -single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
4
(44.4%)
(0.6%)
(44.4%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
c) The legal profession
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
2
(22.2%)
(0.3%)
(22.2%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
2
(22.2%)
(0.3%)
(22.2%)
Not important
1
(11.1%)
(0.2%)
(11.1%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
d) Local business
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
2
(22.2%)
(0.3%)
(22.2%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
e) Business located in other Member States
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
1
(11.1%)
(0.2%)
(11.1%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
2
(22.2%)
(0.3%)
(22.2%)
Not important
1
(11.1%)
(0.2%)
(11.1%)
No opinion
2
(22.2%)
(0.3%)
(22.2%)
N/A
0
-
(98.6%)
-
f) Citizens and their associations active in the environmental field
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
5
(55.6%)
(0.8%)
(55.6%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
g) Vulnerable members of the society that cannot easily protect themselves, such as children and people
suffering from poor health or disability
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
5
(55.6%)
(0.8%)
(55.6%)
Important
1
(11.1%)
(0.2%)
(11.1%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
1
(11.1%)
(0.2%)
(11.1%)
No opinion
2
(22.2%)
(0.3%)
(22.2%)
N/A
0
-
(98.6%)
-
i) The environment
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
5
(55.6%)
(0.8%)
(55.6%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
Question 8 How important is to have forms of
non-judicial conflict resolution in the environmental field that would
provide for amicable out-of-court settlement of differences, with timely and not prohibitively expensive
procedures?
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
2
(22.2%)
(0.3%)
(22.2%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
1
(11.1%)
(0.2%)
(11.1%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
Question 9 How important is it to have
non-judicial conflict resolution available in resolving disputes in the following
sectors?
a) Nature
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
2
(22.2%)
(0.3%)
(22.2%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
1
(11.1%)
(0.2%)
(11.1%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
b) Water
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
c) Waste
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
2
(22.2%)
(0.3%)
(22.2%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
d) Air
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
1
(11.1%)
(0.2%)
(11.1%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
e) Chemicals
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
4
(44.4%)
(0.6%)
(44.4%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
2
(22.2%)
(0.3%)
(22.2%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
B. Options for ensuring effective access to justice in environmental matters
Questions in this section are aimed at seeking views on the different options for
ensuring effective access to justice in environmental matters by the Commission
within individual Member States, across the EU as a whole and in relation to a
number of specific subject-areas.
Question 10 To what extent are you satisfied with the
current status of access to environmental justice in your
own
Member State?
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very satisfied
0
(0%)
(0%)
(0%)
Satisfied
3
(33.3%)
(0.5%)
(33.3%)
Somewhat satisfied
2
(22.2%)
(0.3%)
(22.2%)
Not satisfied
3
(33.3%)
(0.5%)
(33.3%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
Question 11 To what extent are you satisfied with the
current status of access to environmental justice in
other Member
States?
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very satisfied
0
(0%)
(0%)
(0%)
Satisfied
2
(22.2%)
(0.3%)
(22.2%)
Somewhat satisfied
2
(22.2%)
(0.3%)
(22.2%)
Not satisfied
2
(22.2%)
(0.3%)
(22.2%)
No opinion
3
(33.3%)
(0.5%)
(33.3%)
N/A
0
-
(98.6%)
-
Question 12 On a scale of 1-3 (1 being a top priority activity, 3 being a lower level priority), which of the following actions
and initiatives would you consider to
be most effective in terms of ensuring
legal certainty and a level
playing field in the area of environmental access to justice across the EU?
a) Awareness-raising of stakeholders
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
1
3
(33.3%)
(0.5%)
(33.3%)
2
4
(44.4%)
(0.6%)
(44.4%)
3
2
(22.2%)
(0.3%)
(22.2%)
N/A
0
-
(98.6%)
-
b) Infringement action by the European Commission against the Member States
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
1
3
(33.3%)
(0.5%)
(33.3%)
2
4
(44.4%)
(0.6%)
(44.4%)
3
2
(22.2%)
(0.3%)
(22.2%)
N/A
0
-
(98.6%)
-
c) Adoption of specific rules on access to justice in EU legislation
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
1
6
(66.7%)
(1%)
(66.7%)
2
2
(22.2%)
(0.3%)
(22.2%)
3
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
Question 13 How important is it that the
Council and the European Parliament as co-legislators
have a role in shaping
specific rules on access to justice in environmental matters?
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
6
(66.7%)
(1%)
(66.7%)
Important
1
(11.1%)
(0.2%)
(11.1%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
Question 14 How important are
the following advantages of an EU legal instrument ensuring effective access to national
courts in environmental matters?
a) Reduction of administrative burden for business
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
1
(11.1%)
(0.2%)
(11.1%)
Important
1
(11.1%)
(0.2%)
(11.1%)
Somewhat important
7
(77.8%)
(1.1%)
(77.8%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
b) Level playing field between economic operators
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
2
(22.2%)
(0.3%)
(22.2%)
Important
5
(55.6%)
(0.8%)
(55.6%)
Somewhat important
2
(22.2%)
(0.3%)
(22.2%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
c) Ensuring cost-effectiveness for national, regional or local administrations, including court
administrations and the administrations of similar bodies
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
4
(44.4%)
(0.6%)
(44.4%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
d) Ensuring legal certainty for stakeholders
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
7
(77.8%)
(1.1%)
(77.8%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
e) Ensuring adequate protection for the environment and human health
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
8
(88.9%)
(1.3%)
(88.9%)
Important
1
(11.1%)
(0.2%)
(11.1%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
Question 15 Do you have concerns that an EU legal instrument
ensuring effective access to national courts in
environmental matters would have the following
disadvantages? a) Not respecting the legal framework and legal traditions of the Member States
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very concerned
0
(0%)
(0%)
(0%)
Concerned
1
(11.1%)
(0.2%)
(11.1%)
Somewhat concerned
6
(66.7%)
(1%)
(66.7%)
Not concerned
2
(22.2%)
(0.3%)
(22.2%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
b) Overloading the national court systems and increasing the burden on national, regional or local
administrations, including court administrations and the administrations of similar bodies
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very concerned
0
(0%)
(0%)
(0%)
Concerned
2
(22.2%)
(0.3%)
(22.2%)
Somewhat concerned
1
(11.1%)
(0.2%)
(11.1%)
Not concerned
6
(66.7%)
(1%)
(66.7%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
C. Elements on which action at EU level is possible Questions in this section are aimed at seeking views on the specific issues on
which EU legislative action would be proportionate and appropriate to the
objective of ensuring effective access to justice
Question 16 How important is it to have EU legislative action on the following
aspects of standing?
a) Standing of individuals
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
2
(22.2%)
(0.3%)
(22.2%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
b) Standing of individuals from other Member States
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
2
(22.2%)
(0.3%)
(22.2%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
c) Standing of associations with legal personality
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
2
(22.2%)
(0.3%)
(22.2%)
Important
7
(77.8%)
(1.1%)
(77.8%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
d) Standing of associations without legal personality (e.g., ad hoc associations)
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
0
(0%)
(0%)
(0%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
3
(33.3%)
(0.5%)
(33.3%)
Not important
3
(33.3%)
(0.5%)
(33.3%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
e) Standing of associations from other Member States
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
2
(22.2%)
(0.3%)
(22.2%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
3
(33.3%)
(0.5%)
(33.3%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
f) Rules to avoid frivolous litigation
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
2
(22.2%)
(0.3%)
(22.2%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
3
(33.3%)
(0.5%)
(33.3%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
g) Rules making standing conditional upon previous participation in administrative proceedings
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
1
(11.1%)
(0.2%)
(11.1%)
Important
6
(66.7%)
(1%)
(66.7%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
1
(11.1%)
(0.2%)
(11.1%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
Question 17 How important is it to have EU legislative action on the following
aspects of review?
a) Rules defining the scope of review by the court
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
0
(0%)
(0%)
(0%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
b) Ability to raise arguments not used in a previous administrative procedure
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
1
(11.1%)
(0.2%)
(11.1%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
2
(22.2%)
(0.3%)
(22.2%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
Question 18 How important is it to have EU legislative action on the following
aspects of costs?
a) The effective prevention of “prohibitively expensive costs”
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
4
(44.4%)
(0.6%)
(44.4%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
2
(22.2%)
(0.3%)
(22.2%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
b) Costs of lawyers representing applicants
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
0
(0%)
(0%)
(0%)
Somewhat important
3
(33.3%)
(0.5%)
(33.3%)
Not important
3
(33.3%)
(0.5%)
(33.3%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
c) Costs of lawyers representing defendants
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
2
(22.2%)
(0.3%)
(22.2%)
Important
0
(0%)
(0%)
(0%)
Somewhat important
3
(33.3%)
(0.5%)
(33.3%)
Not important
4
(44.4%)
(0.6%)
(44.4%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
d) Court fees
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
2
(22.2%)
(0.3%)
(22.2%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
3
(33.3%)
(0.5%)
(33.3%)
Not important
2
(22.2%)
(0.3%)
(22.2%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
e) Costs of experts
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
4
(44.4%)
(0.6%)
(44.4%)
Important
2
(22.2%)
(0.3%)
(22.2%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
2
(22.2%)
(0.3%)
(22.2%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
f) The obligation to be represented by professional lawyers
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
1
(11.1%)
(0.2%)
(11.1%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
2
(22.2%)
(0.3%)
(22.2%)
Not important
3
(33.3%)
(0.5%)
(33.3%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
Question 19 How important is it to have EU legislation on the following aspects of
remedies?
a) Ability for the applicant to ask for preliminary injunction
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
2
(22.2%)
(0.3%)
(22.2%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
b) Financial liability linked to preliminary injunctions
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
1
(11.1%)
(0.2%)
(11.1%)
Important
5
(55.6%)
(0.8%)
(55.6%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
1
(11.1%)
(0.2%)
(11.1%)
No opinion
2
(22.2%)
(0.3%)
(22.2%)
N/A
0
-
(98.6%)
-
c) Ability for the defendant to obtain consent for preliminary execution of works
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
1
(11.1%)
(0.2%)
(11.1%)
Important
5
(55.6%)
(0.8%)
(55.6%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
2
(22.2%)
(0.3%)
(22.2%)
No opinion
1
(11.1%)
(0.2%)
(11.1%)
N/A
0
-
(98.6%)
-
Question 20 How important is it to have EU legislation on the
timeliness of judicial proceedings in environmental matters?
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
2
(22.2%)
(0.3%)
(22.2%)
Important
4
(44.4%)
(0.6%)
(44.4%)
Somewhat important
1
(11.1%)
(0.2%)
(11.1%)
Not important
2
(22.2%)
(0.3%)
(22.2%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
Question 21 On a scale of 1-5 (1 being a top priority activity, 5 being a lower level priority), which of the following actions
and initiatives would you consider to be
most effective in ensuring
non-judicial conflict resolution in the
environmental field in Member States?
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Awareness-raising and exchange of best 4
(44.4%)
(0.6%)
(44.4%)
practices
Recommendation
1
(11.1%)
(0.2%)
(11.1%)
Modification of Directive (EC) No 2008/52 1
(11.1%)
(0.2%)
(11.1%)
on certain aspects of mediation in civil
and commercial matters
Optional mechanism established in an EU 1
(11.1%)
(0.2%)
(11.1%)
legal instrument on access to justice in
environmental matters
Compulsory mechanism established in an 2
(22.2%)
(0.3%)
(22.2%)
EU legal instrument on access to justice in
environmental matters
N/A
0
-
(98.6%)
-
Question 22 How important is it to have EU legislation on access to justice in environmental matters under the form of a
Regulation instead of a
Directive?
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
3
(33.3%)
(0.5%)
(33.3%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
0
(0%)
(0%)
(0%)
Not important
3
(33.3%)
(0.5%)
(33.3%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
Question 23 How important is it to collect and evaluate
data at EU or national level on how access to justice in
environmental matters functions in practice?
-single choice reply- (compulsory)
Number of
Requested
% of total
% of total
requested
records
number records number records
records
(9)
(631)
(9)
Very important
2
(22.2%)
(0.3%)
(22.2%)
Important
3
(33.3%)
(0.5%)
(33.3%)
Somewhat important
4
(44.4%)
(0.6%)
(44.4%)
Not important
0
(0%)
(0%)
(0%)
No opinion
0
(0%)
(0%)
(0%)
N/A
0
-
(98.6%)
-
PRINT