Locus standi in administrative proceedings concerning environment protection, in the case law of the CJEU and the ECtHR

Abstract

Effective legal protection against the unlawfulness of administrative acts is essentially achieved if the aggrieved party has some form of legal remedy to enforce his/her rights. This remedy may be at the stage of the administrative procedure, however, in some cases it may achieve its real purpose only through judicial means. The right to a fair hearing is closely linked to the right to remedy, which means the possibility of simultaneously appealing to another body or to a higher forum within the same organization regarding decisions on the merits. An essential element of all remedies is the possibility of remedy, i.e. the remedy conceptually and substantively includes the possibility of reviewing of the violation of law. The aim of the person affected is nothing other than to remedy his or her disadvantage. But who can be affected?