Step 3C Acces to justice

This is only relevant when the competent authority prepares a draft decision. Reasons to prepare a draft decision are:

• it will help in the negotiation;
• it gives the operator the chance to express his comments and remarks on the draft permit.

In some cases only the operator and other governmental organisations are involved in this step. When this step is taken the permitting authority can use the views while writing the final decision.

In principle it should be possible to object against decisions. A special commission could be assigned to give advises if the decision should be reconsidered. In principle everybody can object (also public, NGO’s and neighbours). The form an objection needs to be given could be different per country. There are also differences how to act on an objection. E.g. when the objections comes from an authority the competent authority must come with a solution.

When objection is turned down, appeal in court is possible for those that have a direct concern with the activities to which the permit is issued. Appeal is possible for the (Administrative) court and the higher (administrative) court or State court. In most countries all involved parties can appeal (operator, other authorities, directly involved persons, NGO’s).
In some cases the appeal suspends the disputed decision, in other cases it doesn’t. Against a decision in appeal in court can be appealed again for the higher court.

Judging is done by either the (administrative) court or the higher (administrative) court. Outcome of judging is:

• Rejection of the decision and ask for a new decision by the component authority; Confirm the decision made by the competent authority;
• Court comes with his own decision.