Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases

Abstract

So far, EU treaty law does not encapsulate any individually justiciable rights to a clean environment or to health. The article explores whether individuals can rely on the environmental duties embodied in the European Union Charter of Human Rights (EUCHR), and the European Convention on Human Rights (ECHR) in cases falling within the scope of EU environmental law. Moreover, it takes a close examination of the case law of both the Court of Justice of the European Union and the European Court of Human Rights regarding the standing of individuals whose environment is impaired.