Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in...

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The first slide shows the topic of the training module and speaks for itself. 1

Transcript of Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in...

Page 1: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The first slide shows the topic of the training module and speaks for itself.

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Page 2: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The foreword sets the scene by mentioning the core of continuous legal training which is the exchange of thoughts and experiences.

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Page 3: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

It is important for the audience to have a good insight in the structure of the upcoming presentation.

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Page 4: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

This slide is a title.

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Page 5: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

In adult learning it is extremely helpful to utilize existing knowledge and life experiences. During the session the lecturer should encourage the audience to connect their past experiences with the new information on the EIA and SEA Directives.

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Page 6: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

Here public participation is visualized. The slide is meant to simplify an abstract issue und bring things “down to earth”.

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Page 7: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

For a change, this slide is unlike to the one before. It shows an academic approach to public participation from the late 60s. It might be interesting to see and to discuss the very negative way of describing “nonparticipation” by using words like “manipulation” and “therapy”.

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Page 8: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The importance of the Rio Declaration and its Principle 10 is to be mentioned in order to highlight the global aspect of the matter.

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Page 9: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The slide is meant to make people aware that public participation is a tool for improving the decision-making process.

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Page 10: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

Without public participation, there is a risk that major environmental issues will not be addressed at all.

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Page 11: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The slide shows the importance of public participation in modern decision-making, even when it comes to the SEA Directive itself.

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Page 12: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

Here, the idea of “minimum standards” is introduced.

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Page 13: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The slide puts the focus on the keywords of the SEA/EIA Directives.

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Page 14: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA” will be understood easily.

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Page 15: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The slide is a title.

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Page 16: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

People are invited to read the relevant definition of the EIA Directive.

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Page 17: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The legal meaning of “report” is clarified.

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Page 18: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The legal meaning of “consultations” is clarified.

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Page 19: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The “examination” is shown as a part of the environmental impact assessment.

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Page 20: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The “reasoned conclusion” is shown as a part of the environmental impact assessment.

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Page 21: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The “integration” is shown as a part of the environmental impact assessment.

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Page 22: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The slide is an overview on the definition of the environmental impact assessment under the EIA Directive.

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Page 23: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

Under the SEA Directive the definition is similar.

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Page 24: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

“The public concerned“ is presented as a key notion when it comes to the question to determine the persons who should be able to participate in a public consultation.

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Page 25: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The slide presents the legal definition of “public concerned”.

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Page 26: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The slide is a title introducing a case.

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Page 27: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The parties of the case are introduced here.

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Page 28: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

A picture makes it easier to get an understanding of the case.

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Page 29: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The claim is explained without any details.

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Page 30: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

Here, the EU law context is a little more specified.

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Page 31: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The German problem: Do NGOs have a standing?

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Page 32: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The former German system of administrative justice in environmental matters turned out to be – at least for NGOs – “like a Ferrari with its doors locked shut” (AG Sharpston).

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Page 33: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

Art. 11 EIA Directive guarantees access to justice.

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Page 34: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

NGO standing is provided under Art. 11 (3) EIA Directive.

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Page 35: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The slide shows the outcome of the “Trianel-judgment”.

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Page 36: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The slide is title.

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Page 37: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The attention is drawn to “direct effect”. This slide recalls the core features of direct effect in a simplified way. Among other things it is important for the national judge to have a solid knowledge about these basic features of EU law.

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Page 38: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

A clear overview of “Do’s and Don’ts” may serve didactical purposes.

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Page 39: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

It may be reiterated that “direct effect” can also be understood as a one way among others to secure the application of EU law by the national judge.

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Page 40: Training lawyers for Europe: The Academy of European Law · The slide makes a reference to “in dubio pro reo” which is known by every practitioner. Therefore, in dubio pro “EIA”

The last slide speaks for itself.

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