| Title: | Access to justice in environmental cases : the limits of the Plaumann test |
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| Authors: | ID Višič, Vita (Author)
ID Weingerl, Petra (Mentor) More about this mentor... 
ID Šuta, Živa (Comentor) |
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| Files: |  MAG_Visic_Vita_2026.pdf (1,22 MB)
MD5: 1D03C654AE74E9036DEF578F11E42183
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| Language: | English |
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| Work type: | Master's thesis/paper |
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| Typology: | 2.09 - Master's Thesis |
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| Organization: | PF - Faculty of Law
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| Abstract: | This master’s thesis examines access to justice in environmental matters within the legal order of the EU. It analyses different avenues through which environmental issues may reach judicial review. These include direct actions under Article 263 TFEU, the internal review procedure under the Aarhus Regulation and indirect access through the preliminary reference procedure under Article 267 TFEU. Within actions for annulment under Article 263 TFEU, the thesis focuses on standing requirements for non-privileged applicants provided in the fourth paragraph of the article, particularly individual concern, as it is a condition that presents the main barrier preventing individuals and ENGOs from bringing actions for annulment before the CJEU. The condition of individual concern was first interpreted in the Plaumann case. The thesis analyses the development of the CJEU’s case law concerning the criterion of individual concern. It focuses on environmental cases, such as Greenpeace, Carvalho and Sabo, and demonstrates that the CJEU applies a strict interpretation of the Plaumann test without taking into consideration special circumstances of environmental cases. As a result, applicants in environmental cases are rarely able to establish individual concern under Article 263(4) TFEU.
The thesis further examines the role of the Aarhus Convention and the internal review procedure established under the Aarhus Regulation. The Aarhus Regulation has expanded opportunities for ENGOs. They can submit a request to an EU institution or body for an internal review of an adopted act that they believe contravenes environmental law. Upon receiving a decision of the EU institution or body, ENGOs can challenge it before the CJEU. While this mechanism provides an alternative avenue, it does not alter the standing requirements governing direct actions under Article 263(4) TFEU or the strict interpretation of the Plaumann test.
The role of national courts and the preliminary ruling procedure under Article 267 TFEU are then analysed. The thesis highlights both the advantages and limitations of this mechanism and discusses the CJEU’s concept of a complete system of legal remedies. The thesis concludes that, although the EU legal order provides several avenues through which environmental issues may reach judicial review, significant limitations remain, particularly with regard to direct access to the CJEU.
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| Keywords: | dostop do pravnega varstva, neposredne tožbe, locus standi, posamično nanašanje, Plaumannov test, Aarhuška konvencija, podnebne tožbe. |
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| Place of publishing: | Maribor |
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| Place of performance: | Maribor |
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| Publisher: | V. Višič |
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| Year of publishing: | 2026 |
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| Number of pages: | 1 spletni vir (1 datoteka PDF (79 str.)) |
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| PID: | 20.500.12556/DKUM-98675 |
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| UDC: | 341.645:349.6(043.3) |
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| COBISS.SI-ID: | 285182467 |
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| Publication date in DKUM: | 17.07.2026 |
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| Views: | 250 |
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| Downloads: | 42 |
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| Metadata: |    |
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| Categories: | PF
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