Chapters

• EU toolbox for national judges and prosecutors
• Foreword
• List of topics
• Role of the National Judge
• The National Judge is (almost always the one and only) Judge of the European Union!
• EU judicial order relies …
• The specific character of the EU judicial order can be seen in Article 174 TFEU:
• The national judge communicates with the CJEU by the preliminary reference procedure under Article 267 TFEU
• Access to Justice
• Where to start when looking at green access to justice?
• The best starting point is the Aarhus Convention
• The „Spirit of Aarhus“
• A case may help
• Case Scenario
• Let‘s start with the obvious …
• Let‘s first have a look at Art. 9 (3) AC …
• A first reading of Art. 9 (3) AC
• A second reading of Art. 9 (3) AC from the view of a Member State not fully embracing the spirit of Aarhus …
• Why?
• The comoran ist still waiting for the outcome of the its case …
• C-243/15 „Slovak Brown Bear II“
• Does the public participation provision (Art. 6 AC) apply?
• Conclusions drawn from the Cormorant case
• Preliminiary reference (interpretation/validity)
• Article 267 TFEU
• The recommendations give good guidance …
• The essential elements of a request for a preliminary ruling
• The referring court or tribunal
• The parties to the main proceedings and their representatives
• The subject matter of the dispute in the main proceedings and the relevant fact
• The relevant legal provisions
• The grounds for the reference
• The questions referred for a preliminary ruling
• Possible need for specific treatment
• Formal aspects of the request for a preliminary ruling (I)
• Formal aspects of the request for a preliminary ruling (II)
• Supremacy of EU law
• EU law: suprimacy and direct applicability (La primauté et l‘effet direct)
• The Court’s judgment of 15 July 1964 in the Costa/Enel case defined
• What‘s going on in Germany?
• German Bundesverfassungsgericht contemplates on the “non applicability” of EU law in “extreme situations of denial of justice”
• Principles of equivalence and effectiveness
• Introduction
• Let‘s discuss it in a case context
• The missing EIA: A question to be raised ex officio? (1/3)
• The missing EIA: A question to be raised ex officio? (2/3)
• The missing EIA: A question to be raised ex officio? (3/3)
• Summing up: Toolbox of the National Judge