Access to Justice

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Role of a judge under the two directives - focus on access to justice
Introduction (2/2)

 

It is true that human health is not explicitly mentioned; however, the harmful effects which an exposure to environmental noise may cause, cannot be anything other than harmful effects on human health. This understanding is confirmed by Recital 1 of Noise Directive 2002/49/EC which states:

"It is part of Community policy to achieve a high level of health and environmental protection, and one of the objectives to be pursued is protection against noise".

It follows from these provisions that the measures against noise which are laid down in Directive 2002/49/EC have the purpose to avoid, prevent or reduce negative effects on human health by noise.

Both directives provide for a number of measures which public authorities of Member States shall take in order to ensure this protection. In the following it will be examined, separately for each directive, to what extent individual persons      Click here for more information! are entitled to appeal to courts in order to see that measures foreseen under the two directives are actually adopted.