Access to Justice

Different solutions to the problem of legal standing

In response to this legal dilemma in environmental law, various judicial mechanisms have been implemented.

• Public Interest Action (Acción Popular)

  A public interest action is a type of judicial action that grants legal standing to all State residents in defence of certain collective rights or interests, such as the protection of the environment, the protection of national heritage, etc. In this way, the need to prove personal and direct interests in the good is exempted from the claim to legal protection.

  Legislations from different countries demonstrate diverse methods of public interest action for the legal protection of the rights of the common good. Following is a list of examples:

  • The Constitution of the Federal Republic of Brazil (1988) Art.5, inc.LXXIII
  • The Constitution of the Republic of Costa Rica (1994) Art.50
  • The Political Constitution of Portugal (1976) Art.66, inc.3
  • The Code of Environmental and Natural Resources of Peru (1990) Art.III
  • The Constitution of the State of Illinois, U.S. (1970) Art.XI; inc.2
  
  

• Legal standing of government agencies

  Traditionally, the State has assumed the role to defend and protect the general interests of society through government officers, such as the long-established Attorney General and more recently the Ombudsman.

  Currently legislation in different countries has amplified the scope of power and responsibilities of these sectors for the protection of the collective good, such as the right to a healthy environment, consumer rights, etc.

• Legal Standing of Non-Governmental Organizations (NGOs)

  A number of states recognize the right to legal action by non-governmental organizations or associations whose objectives are to protect and conserve the environment. In some cases, the legislation differs with respect to formal requests demanded by NGOs to act as authorized claimants. For example, Italy and Denmark only grant legal standing to a limited number of organizations, defined specifically in a legislative act; whereas in Peru, the legislation has a much broader definition, conceding legal standing to NGOs whose general objectives are to protect the environment (Cfr.Art.140. Environmental and Natural Resources Code of Peru).

  Argentina, Spain, Brazil, Germany and others are among states that recognize legal standing in favour of organizations that defend collective rights.

Legal standing in different countries

 

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