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You are here: Home / Doing the right things / Part 2 Permitting / Operational (permitting) cycle / Step 3 Permitting procedure / Step 3C Acces to justice

Step 3C Acces to justice

Views

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.

Objection

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.

Appeal

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

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.

Table of contents

  • Introduction
  • Part 1 Legislation
    • Industrial Emissions Directive 2010/75/EU
  • Part 2 Permitting
    • Permitting cycle
    • Strategic (permitting) cycle
      • Step 1A Context
      • Step 1B Priorities
      • Step 1C Strategy
      • Step 1D Planning
    • Operational (permitting) cycle
      • Step 1D planning
      • Step 2 Permitting framework
      • Step 3 Permitting procedure
        • Step 3A Application
        • Step 3B Decision making
        • Step 3C Acces to justice
      • Step 4 Monitoring
  • Part 3 Inspection
    • Inspection cycle
    • Strategic (inspection) cycle
      • Step 1A Context
      • Step 1B Priorities
      • Step 1C Objectives and strategies
      • Step 1D Planning
    • Operational (inspection) cycle
      • Step 1D Planning
      • Step 2 Inspection framework
      • Step 3 Inspection, Compliance Assessment and Enforcement
        • Step 3A Preparation
        • Step 3B Inspection
        • Step 3C Reporting
      • Step 4 Monitoring
  • Part 4 Evaluation and feedback
  • Factsheets

Regulatory cycle

Permitting cycle

Inspection cycle

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