Case status: Pending.
Follow-up: -
Topics: Clear, transparent and consistent framework; Access to justice.
Articles alleged: 3 (1); 9 (2)–(4).
Articles considered by the Committee: -
Articles, if any, found in non-compliance: -
Summary: The communication was submitted to the Compliance Committee by three NGOs, namely the Royal Society for the Protection of Birds, Friends of the Earth (England, Wales and Northern Ireland) and Friends of the Earth Scotland, and a law firm, Leigh Day Solicitors, on 7 December 2017. The communication alleged that the Party concerned fails to comply with article 3 (1) and 9 (2)–(4) of the Convention by failing to ensure courts undertake an adequate review of the substantive legality of certain decisions, acts and omissions.
| Documents | Status | Date received or posted by the secretariat |
|---|---|---|
| Communication Annexes |
From the communicants | 07.12.2017 |
| Statement on admissibility | From the Party concerned | 09.03.2018 |
| Comments on the Party concerned's statement on admissibility | From the communicants | 12.03.2018 |
| Letters to the Party concerned and the communicant enclosing Committee's determination of preliminary admissibility and forwarding the communication for the Party concerned's response | From the secretariat | 22.03.2018 |
| Covering letter enclosing response to communication Annex 1: Mcmorn Annex 2: Fordham.45.1 Annex 3: Council of Civil Service Unions 1985 A.C 374 Annex 4: R (Bancoult) v Secretary of State (No2) 2008 UKHL 61 Annex 5: Wednesbury Corporation 1948 1 K.B. 223 Annex 6: ex parte Begbie 2000 1 W.L.R. 115 Annex 7: Commission of the European Communities v United Kingdom (Case C-508/03) |
From the Party concerned | 20.08.2018 |
| Comments on the Party concerned's response | From the communicant | 03.10.2018 |
|
Update |
From the communicant | 03.07.2019 |
| Letter inviting the Party concerned and communicants to hearing at Committee's 65th meeting | From the secretariat | 31.07.2019 |
| Letter to the Party concerned regarding hearing at the Committee's 65th meeting | From the secretariat | 09.10.2019 |
| Update including case-law index Annex 1 Annex 2 Annex 3 Annex 4 Annex 5 Annex 6 Annex 7 Annex 8 Annex 9 Annex 10 Annex 11 Annex 12 Annex 13 Annex 14 Annex 15 Annex 17: Court of Appeal judgment intended as annex C to the communication |
From the communicant | 21.10.2019 |
| Further information including index of annexes Annex 1 Annex 3 Annex 4 Annex 5 Annex 6 Annex 7 Annex 8 Annex 9 Annex 10 Annex 11 Annex 12 Annex 13 Annex 14 Annex 15 Annex 16 Annex 17 Annex 18 Annex 19 Annex 20 Annex 21 Annex 22 Annex 23 Annex 24 Annex 25 Annex 26 Annex 27 Annex 28 Annex 29 Annex 30 Annex 31 Annex 32 Annex 33 Annex 34 |
From the Party concerned | 22.10.2019 |
| Opening statement delivered at the Committee’s 65th meeting | From the Party concerned | 05.11.2019 |
| Opening statement delivered at the Committee's 65th meeting | From the communicants | 05.11.2019 |
| Speaking note for hearing at Committee's 65th meeting | From the communicants | 05.11.2019 |
| Questions from the Committee | From the secretariat | 01.06.2020 |
| Reply to the Committee’s questions | From the communicants | 29.06.2020 |
| Reply to the Committee's questions | From the Party concerned | 29.06.2020 |
| Email requesting opportunity to comment on Party concerned’s reply of 29 June 2020 | From the communicants | 20.07.2020 |
| Email explaining commenting period already expired | From the secretariat | 21.07.2020 |
| Email requesting prolongation of commenting deadline | From the communicants | 21.07.2020 |
| Email confirming prolongation of commenting deadline | From the secretariat | 23.07.2020 |
| Email requesting further prolongation of commenting deadline | From the Party concerned | 24.07.2020 |
| Email confirming further prolongation of commenting deadline | From the secretariat | 28.07.2020 |
| Comments on the Party concerned's replies to the Committee's questions | From the communicants | 29.07.2020 |
| Letter enclosing judgment in R. (on the application of Christopher Packham) v. Secretary of State for Transport | From the communicants | 04.08.2020 |
| Comments on the communicants' replies to the Committee's questions | From the Party concerned | 07.08.2020 |
| Comments on the communicants’ additional information of 4 August 2020 | From the Party concerned | 19.08.2020 |