+Articolul 25 Accesul la justiție
---+Article 25 1.
---+Article 25 2.
---+Article 25 3.
---+Article 25 4.
---+Article 25 5.
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Articolul 25 Accesul la justiție
1. Prezentare generală
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Reglementare |
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Article 25 1.
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Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to Article 24 when one of the following conditions is met:
(a)
they have a sufficient interest;
(b)
they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition.
Standing in the review procedure shall not be conditional on the role that the member of the public concerned played during a participatory phase of the decision-making procedures under this Directive. The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide for adequate and effective remedies, including injunctive relief as appropriate.
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Article 25 2.
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Member States shall determine at what stage the decisions, acts or omissions may be challenged.
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Article 25 3.
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What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice.
To this end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 1(a).
Such organisations shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1(b).
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Article 25 4.
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Paragraphs 1, 2 and 3 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law.
Any such procedure shall be fair, equitable, timely and not prohibitively expensive.
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Article 25 5.
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Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
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1.1 Referințe
1.2 Cerințe identificate
1.3 Standarde asociate
2. Cerințe identificate
3. Standarde asociate
- Builddate: 04.08.2024 00:00:00 -Doknr: CELEX:32010L0075
- EULAW -
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