Every paper is based on an author’s argument in a paper which you need to read. Students should formulate their research (sub)question(s) and construe their hypothesis/arguments to discuss in the paper. Students are expected to research and include Court’s judgments and academic literature relevant to their research question.
Choose ONE of these two topics:
1. Recent research shed light on the different interpretation dilemmas regarding specific provisions of paragraphs 1, 2 and 3 of Article 9 and those that apply to access to the justice pillar as a whole of the Aarhus Convention. The central argument is that while the structure of Article 9 thereof is relatively straightforward, as a result of the negotiations, specific terms or formulations were introduced which do not always convey a clear legal norm and therefore require a thorough examination and certain interpretation. Discuss the diverging perspectives and the tensions between them. (see: Jerzy Jendrośka, ‘Access to Justice in the Aarhus Convention – Genesis, Legislative History and Overview’, European Law Review, Journal for European environmental & planning law 17 (2020) 372-408)
2. The green deal, a strategy programme by the European Commission, intends to “green” the EU activities and re-orient policies and laws for the years to come, in areas such as climate and energy, agriculture and fisheries, products and services, and trade and foreign policy, the most important announcement being the adoption of an EU climate law which will ensure EU climate neutrality by 2050. Discuss from a two-fold legal and policy perspective whether the proposed measures will be agreed upon by the European Parliament and by the Council (the Member States’ governments). (See: Ludwig Kramer, Planning for Climate and the Environment: the EU Green Deal, Journal for European Environmental & Planning Law 17 (2020) 267-306).
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