Emeritus professor Jan Darpö about a study of “Rights of Nature in a European Context”

12 October 2020

Emeritus professor Jan Darpö has been assigned by the European Parliament to undertake a study of “Rights of Nature in a European Context”

The aim of the study is to explore the notion of “nature’s rights” and compare its different aspects with the possibilities for access to environmental justice in the EU, in particular by reflecting on the benefits and challenges related to the issue of recognising “nature” as a subject of rights and/or a legal “person”, protected by law. The study should conclude with policy recommendations addressed to the most relevant actors, including the European Parliament.

The study should address, among others, the following aspects:

• Analyse from a legal perspective the concept of “nature” for purposes of considering it a subject of rights and/or a legal “person”, protected by law;

• Give a short overview of the current state of the substantial parts of environmental law, its constitutional basis and jurisprudence;

• Give an overview and analysis of the relevant ECtHR and CJEU case-law on access to justice in environmental decision-making and thereby the current position of the procedural aspects of nature's rights in the EU;

•  Analyse the benefits and challenges linked to recognising “nature” as a subject of rights and/or a legal “person” in the EU;

The study shall be delivered to the EU parliament by the end of January 2021 according to Emeritus professor Jan Darpö.

 

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