Art. 10 of Regulation CE n. 1367/2006, entitling environmental NGOs to obtain internal review of individual decisions or omissions adopted by Community institutions in violation of environmental law has raised numerous problems of interpretation and application, and recent incisive intervention by the EU Courts and the UNECE Aarhus Compliance Committee. The article deals with the question of the incompatibility of art. 10 with the right of the environmental NGOs to have wide access to justice provided by the Aarhus Convention and tries to highlight the major open issues concerning the realisation of environment protection through access to justice involving EU institutions.
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