As mentioned briefly above, these judicial mechanisms used to defend the environment differ from country to country. Below we will highlight a few country-specific mechanisms and outline how various countries have defined legal standing for individuals and NGOs with regards to the right to a clean and healthy environment.
Argentina:
The Constitution of Argentina recognizes a legal action known as a "recurso de amparo colectivo", for the protection of the environment and other collective rights. It allows a judge to respond quickly either with an injunction or with a call for action when rights of individuals or groups are threatened, wounded or violated.
Essentially, the affected, non-governmental organizations and the Ombudsman can file a case before any court to seek protection from violations of constitutionally recognized rights, which includes the right to a clean and healthy environment.
Austria:
In Austria, if the public authorities fail to implement laws or act incorrectly, individuals can bring cases before civil, criminal, and constitutional courts only when their individual rights are affected. Legal standing for NGOs is granted only before civil courts and arbitration courts.
Denmark:
In Denmark, anybody with a substantial individual interest can appeal to a court. Many environmental cases are brought before Danish courts as criminal cases. The first time an environmental NGO was found to have a right to bring a case to court without being obliged to invoke its members' economic interest as being affected was in 1994, when the Danish Ornithological Society took legal action against the Ministry of Transport.
Germany:
The German system allows every citizen to appeal for the right to access to environmental information before the courts. General environmental issues can be brought before courts only when a breach of the law occurs and if an individual's right is affected. Legal standing is granted under certain conditions to some nature protection associations.
Greece:
The Greek system grants legal standing before civil courts to individuals and NGOs if proof of legal interest is submitted. In criminal courts, only individuals have legal standing. When a public official fails to act properly, indemnities can be claimed before a civil court and before a criminal court.
Ireland:
In Ireland, a very limited number of environmental cases are taken to court. Many of them refer to planning issues. The main type of action taken in the High Court relating to environmental and information cases is judicial review of a decision of a public authority. Only affected individuals and NGOs are allowed to go before the Constitutional Court.
Netherlands:
In the Netherlands, there is no opportunity for NGOs to actively participate in criminal cases. The duration of an appeal to the courts is approximately two years. Public authority violation of the law is difficult to pursue, and action in civil courts is the best way to proceed in such cases.
Norway:
Norway grants individuals and NGOs legal standing. Affected individuals or NGOs can bring legal action against the Government.
Portugal:
Legal standing in civil courts is granted in the Portuguese system to all individuals. Only affected individuals have legal standing before criminal courts. All NGOs are allowed to go before civil and criminal courts. Neither individuals nor NGOs have legal standing before the Constitutional Court on environmental issues.
Spain:
Legal standing is granted in Spain to interested and affected individuals before civil and arbitration courts. Individual citizens and NGOs can take legal action before criminal courts to prevent possible harm to the environment. When civil servants fail to comply with legal provisions or to implement applicable legal provisions, damages can be sought before courts. Civil and even penal charges can be brought.
Switzerland:
In Switzerland, NGOs that have at least 10 years' legal existence are granted legal standing to challenge all projects subject to the EIA procedure in court. Otherwise, only affected individuals have legal standing before civil, criminal, and constitutional courts. The Federal Law relating to the Protection of the Environment and the Federal Law relating to the Protection of Nature and Countryside allow interested NGOs to go before the Constitutional Court.
United Kingdom:
In the United Kingdom, when a public authority fails to enforce a law, a citizen may challenge the public authority in the courts or prosecute in most cases where it is alleged that a crime has been committed. Similar remedies are available when the authority itself is the wrongdoer. Legal standing is granted to individuals and NGOs who have a sufficient interest in civil courts, and, except where legislation provides otherwise, to all individuals and NGOs in criminal courts.
The above list of the legal standing of individuals and NGOs in various Western European countries was taken from http://www.mem.dk/aarhus-conference/issues/public-participation/ece46.htm
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