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Journal of Environmental Law 2009 21(2):309-321; doi:10.1093/jel/eqp015
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© The Author [2009]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

The Rise and Fall of Access to Justice in The Netherlands

Hanna Tolsma*, Kars de Graaf and Jan Jans

*Department of Administrative Law and Public Administration, University of Groningen, The Netherlands (h.d.tolsma{at}rug.nl).


  Abstract

This article analyses the development of access to justice for environmental organisations in Dutch law. It consists of two parts. The first part focuses on the rise of environmental organisations' right of access to the courts, and considers case law and legislation relating to the General Administrative Law Act and environmental permitting. It also discusses possibilities for environmental organisations to bring proceedings before the civil courts. The second part addresses the dismantling of the right of access to the courts. Recent developments in the legislation and case law are discussed as well as possible future changes in this respect. The article concludes with some final remarks concerning the present situation in the Netherlands in relation to the Aarhus Convention.

Key Words: access to justice • standing • interested party • aarhus convention • enforcement • compliance


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