The right to file a complaint by environmental organisations in administrative court proceedings as an example of the Europeanisation of national legal systems.
The right to file a complaint by environmental organisations in administrative court proceedings as an example of the Europeanisation of national legal systems.
Author(s): Zuzanna Helena StawińskaSubject(s): Law, Constitution, Jurisprudence, International Law, EU-Legislation, Court case, Comparative Law, Administrative Law
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: Europeanisation; procedural law; European Union; Polish right to file a complaint; German right to file a complaint; Article 50 of the Law on Proceedings before Administrative Courts; § 42 VwGO
Summary/Abstract: In this study, the author attempts to raise the issue of Europeanisation of national procedural law as exemplified by the right to file a complaint by environmental organizations in administrative court proceedings under Polish and German law. The process of Europeanisation takes place in all areas of national law, also in the absence of a clear competence for the European Union to establish a specific type of legislation. The right to file a complaint by environmental organisations is objective in nature. The implementation of EU regulations in German law resulted from the necessity to introduce a completely different model of the right to file a complaint than the right that has already been in force, i.e. the subjective right. The Polish legislator also had to reshape the form of the right to file a complaint by environmental organisations, which, in essence, differs significantly from the form of the right of social organisation, despite classification of environmental organisations into a group of social organisations.
Journal: Studia Administracyjne
- Issue Year: 2020
- Issue No: 12
- Page Range: 89-104
- Page Count: 16
- Language: English