Request for internal review (RIR) – preach or practice ?!

In the realm of environmental law, controversial decisions both on the national and supra-national levels spur the public to seek for legal remedies. Such remedies are available on the said levels; however, their applicability – let alone their effectiveness – are widely questioned by the public.  To what extent this skepticism is true was in the focus of research of Justice and Environment, European Network of Environmental Law Organizations in 2009. One of the areas assessed by J&E lawyers was to what extent the Aarhus Regulation adopted by the EU in 2006 is a real opportunity to challenge environmental decisions made by European Community institutions.  The statistics derived by desk research from data available on the Commission’s dedicated website so far seem quite discouraging: only one out of eight such requests was considered procedurally eligible. Whether it is due to the wrong interpretation of this legal instrument or to a restrictive policy of the Commission, can be found out in the recent study of J&E called: RIR IN PRACTICE, The Functioning of the Legal Instrument of Request for Internal Review under the Aarhus Regulation.

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