TY - JOUR
T1 - The impact of EU law on access to scientific knowledge and the standard of review in national environmental litigation: A story of moving targets and vague guidance
AU - Eliantonio, Mariolina
PY - 2018
Y1 - 2018
N2 - This article examines the European Union (EU) legal requirements contained in secondary law and in the European courts' case law concerning, firstly, the standard of review to which national courts must adhere when deciding matters within the scope of EU law and, secondly, access to scientific knowledge in environmental litigation. The article shows that national courts are limited to an assessment of whether a "manifest error" has been committed by the public authorities. However, it is argued, in order to make that assessment, national courts have to be empowered, under EU law, to access the scientific knowledge necessary to review the choices of the administration.
AB - This article examines the European Union (EU) legal requirements contained in secondary law and in the European courts' case law concerning, firstly, the standard of review to which national courts must adhere when deciding matters within the scope of EU law and, secondly, access to scientific knowledge in environmental litigation. The article shows that national courts are limited to an assessment of whether a "manifest error" has been committed by the public authorities. However, it is argued, in order to make that assessment, national courts have to be empowered, under EU law, to access the scientific knowledge necessary to review the choices of the administration.
U2 - 10.54648/eelr2018014
DO - 10.54648/eelr2018014
M3 - Article
SN - 1879-3886
VL - 27
SP - 115
EP - 124
JO - European Energy and Environmental Law Review
JF - European Energy and Environmental Law Review
IS - 4
ER -