The Right to a Fair Trial and the Right to an Effective Remedy in Environmental Protection (Perspective of the ECtHR Case Law Under Articles 6 and 13 ECHR)

This paper provides a detailed overview of the jurisprudence of the European Court of Human Rights on the application of Articles 6 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms in environmental cases, highlighting the specific nature of this case law. The study examines: the predominance of cases relating to the civil limb of Article 6 § 1 of the Convention, the catalogue of civil rights relevant to environmental matters, the entitlement of environmental associations to claim or exercise such rights (the associations’ standing), the “directly decisive” outcome of domestic proceedings for applicants’ civil rights, the application of Articles 6 § 1 and 13 to general acts, and the interrelation between these provisions. Reference material includes the Court’s jurisprudence in “key cases”, and those concerning Central and Eastern European countries.