EU environmental law: Supreme Court judge takes part in European Judicial Training Network (EJTN) training event

Judge of the Supreme Court in the Administrative Cassation Court Yan Bernaziuk took part in the training event “EU Environmental Law”, organised by the European Judicial Training Network (EJTN) jointly with the Association of European Administrative Judges (AEAJ) and the Regional Administrative Court of Lazio (TAR Lazio) in Rome.

During the event, participants discussed key issues in the application of European environmental law. Particular attention was paid to the preventive nature of environmental protection, environmental impact assessment procedures, public participation in environmental decision-making, access to justice, the protection of natural areas and the management of public resources.

Of particular practical value was the comparison of the approaches taken by the courts of EU Member States with those of Ukrainian administrative justice. Participants in the discussions emphasised that environmental judicial review must go beyond a formal examination of procedures. It should encompass an assessment of the timeliness of the analysis of environmental risks, the sufficiency of the evidential basis, the reality of public involvement and the overall effectiveness of judicial protection.

As part of the professional exchange, Yan Bernaziuk prepared a presentation entitled “Environmental Justice in Ukraine (Recent Supreme Court Practice in the European Context)”, devoted to the latest practice of the Supreme Court in the field of environmental justice viewed through the prism of European approaches.

The main focus of the presentation was on the following aspects:

• prior assessment of environmental consequences before a decision is taken;
• evidence-based preventive measures;
• practical and effective access to court;
• ensuring legality throughout the successive chain of administrative decisions concerning the use of public natural resources.

Yan Bernaziuk noted that EU law is not subject to mechanical transposition into Ukrainian judicial practice pending Ukraine’s accession to full membership. At the same time, European environmental standards serve as an important point of reference for the approximation of legislation, its interpretation and institutional development, while the Aarhus Convention constitutes a current international obligation of Ukraine.

The participation of a representative of the Supreme Court in the event made it possible to acquaint the European professional community with the practice of the Supreme Court, to obtain comparative material for the further development of judicial practice, and to strengthen professional contacts in the field of environmental law.

Photos courtesy of the organisers.