THE INFLUENCE OF ECTHR AND CJEU JURISPRUDENCE AS A DERIVATIVE SOURCE OF EU LAW ON ENVIRONMENTAL LAW
THE INFLUENCE OF ECTHR AND CJEU JURISPRUDENCE AS A DERIVATIVE SOURCE OF EU LAW ON ENVIRONMENTAL LAW

Summary/Abstract: The jurisprudence of the European Court of Human Rights makes a notable contribution to the promotion of the importance of the environment in the member states of the Council of Europe. This is remarkable, insofar as the text of the European Convention on Human Rights does not guarantee an individual right to the environment, and environmental protection associations, like all non-governmental organizations, cannot themselves be petitioners to denounce attacks on protected rights and liberties, if there are victims among individuals, in general, or among their members, in particular, even if their statutory purpose includes the defense of their interests. In a difficult context, marked by a profound and unprecedented economic and migration crisis, environmental protection issues are often neglected. For example, during 2017, the total number of cases resolved by the Court of Justice of the European Union was 1,592 cases. Among them, there are only two cases related to environmental liability. However, an increase in the number of decisions of the Court in the field of environment can be observed, considering that, in 2023, 57 such cases were resolved.

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