The right to file a complaint by environmental organisations in administrative court proceedings as an example of the Europeanisation of national legal systems

• Authors: Zuzanna Helena Stawińska

Abstracts

EN

In this study, the author attempts to raise the issue of Europeanisation of national procedural law as exemplified by the right to file a complaint by environmental organizations in administrative court proceedings under Polish and German law. The process of Europeanisation takes place in all areas of national law, also in the absence of a clear competence for the European Union to establish a specific type of legislation. The right to file a complaint by environmental organisations is objective in nature. The implementation of EU regulations in German law resulted from the necessity to introduce a completely different model of the right to file a complaint than the right that has already been in force, i.e. the subjective right. The Polish legislator also had to reshape the form of the right to file a complaint by environmental organisations, which, in essence, differs significantly from the form of the right of social organisation, despite classification of environmental organisations into a group of social organisations.

Keywords

EN

Europeanisation; procedural law; European Union; Polish right to file a complaint; German right to file a complaint; Article 50 of the Law on Proceedings before Administrative Courts; § 42 VwGO

• Publisher: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
• Journal: Studia Administracyjne
• Year: 2020
• Issue: 12
• Pages: 89-104

Dates

published

2020

Contributors

author

Zuzanna Helena Stawińska

• Adam Mickiewicz University, Poznań

Identifiers

DOI

10.18276/sa.2020.12-07

Biblioteka Nauki

1590766