Article 9 paras 4 and 5 of the

Article 9, paras. 4 and 5 of the Aarhus Convention: overview “IMPLEMENTING THE AARHUS CONVENTION TODAY: PAVING THE WAY TO A BETTER ENVIRONMENT AND GOVERNANCE TOMORROW” SUBREGIONAL MEETING Almaty, Rahat Palace Almaty Kazakhstan 22 -23 May 2012 Elena Laevskaya and Dmytro Skrylnikov

Overview 1. Article 9, para 4 - Requirements to remedies - Requirements to decisions - Practice of the Compliance Committee: Kazakhstan, Spain and United Kingdom 2. Article 9, para 5 3. Types of injunctions 4. Court costs and other financial factors affecting judicial practice 5. Topics to be discussed in the groups

Article 9, para 4 In addition and without prejudice to paragraph 1 above, the procedures referred to in paragraphs 1, 2 and 3 above shall provide adequate and effective remedies, including injunctive relief as appropriate, and be fair, equitable, timely and not prohibitively expensive. Decisions under this article shall be given or recorded in writing. Decisions of courts, and whenever possible of other bodies, shall be publicly accessible.

Article 9, para 4 • Requirements to remedies: - adequate - effective - fair - impartial - timely - Not prohibitively expensive • Requirements to decisions: - In writing - Available to the public • Practice of the Compliance Committee - Kazakhstan, Spain, United Kingdom

Article 9, para 5 In order to further the effectiveness of the provisions of this article, each Party shall ensure that information is provided to the public on access to administrative and judicial review procedures and shall consider the establishment of appropriate assistance mechanisms to remove or reduce financial and other barriers to access to justice.

Types of injunctive relief Administrative • temporary • permanent Judicial: • temporary until certain conditions (requirements) by the court are met • temporary for the period of the trial, as security for the claim • Permanent in accordance with the court’s decision

Azerbaijan Armenia Belarus Georgia Kazakhstan Kyrgyzstan Moldova Russia Tajikistan Turkmenistan Uzbekistan Ukraine automatic suspension of decisions in the case of review - + - - - temporary + + + permanent - + + + + - + + + automatic suspension of decisions in the case of review - + - - - temporary + + + permanent + + + Injunctive relief Non-judicial (administrative) review Judicial review

Costs and other financial factors affecting the judicial practice (generic scheme) Costs Court fees Appeals against decisions actions omissions Claims for termination of environmentally harmful activity Material / property claims (damage compensation) Claims for compensation for damage caused to health Claims for compensation for non-pecuniary damages a significant obstacle an obstacle not an obstacle Experts / expert Injunction studies costs security for a claim Legal aid State Non-state Paid Pro-bono

Themes to be discussed in groups • Injunctive reliefs (criteria, barriers) • Financial factors affecting judicial practice (role of courts in elimination of financial barriers)