Case status: Findings adopted on 16.06.2017 – No non-compliance found; see para. 9 of Decision VI/8 on general issues of compliance.
Follow-up: -
Topics: Access to justice.
Articles alleged: 9 (3), 9 (4).
Articles considered by the Committee: 9 (2), 9 (3), 9 (4).
Articles, if any, found in non-compliance: -
Summary: In 12 May 2014, two non-profit associations, Ardennes liégeoises ASBL and Terre wallonne ASBL, submitted a communication to the Compliance Committee alleging the failure of Belgium to comply with its obligations under article 9 (3) and (4) of the Convention. Specifically, the communicants alleged that the Party concerned failed to ensure that access to judicial procedures to challenge an act or omission by a private person that contravened provisions of national law relating to the environment was not prohibitively expensive.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
|
Communication ENG FRE (since superseded by re-submitted communication - see below) |
From the communicant | 12.05.2014 |
| Letter to communicant | From the secretariat | 21.08.2014 |
|
Re-submitted communication and reply to Compliance Committee's questions ENG FRE Annex 1: First Communication to the Compliance Committee, 12 May 2014 |
From the communicant | 08.09.2014 |
| Letter to communicant | From the secretariat | 19.11.2014 |
|
Communicants' reply to Committee's questions FRE ENG Annex 1: Cass. (1st Chamber), 13 February 2004 (summary) FRE |
From the communicant | 12.12.2014 |
| Letter to communicant enclosing preliminary determination of admissibility | From the secretariat | 05.06.2015 |
| Letter to Party concerned forwarding communication for its response | From the secretariat | 05.06.2015 |
| Letter enclosing response to communication FRE ENG | From the Party concerned | 04.11.2015 (dated 29.10.2015) |
| Letters inviting Party concerned and communicants to hearing at Committee's 53rd meeting | From the secretariat | 19.05.2016 |
| Opening statement for hearing at Committee's 53rd meeting FRE ENG | From the Party concerned | 23.06.2016 |
| Letter enclosing Order of the Constitutional Court no. 61/2016 of 28 April 2016 FRE | From the communicant | 28.09.2016 |
| Letter | From the Party concerned | 08.12.2016 |
| Letter to the parties enclosing questions from the Committee | From the secretariat | 09.12.2016 |
| Reply to questions from the Committee including annexes FRE | From the communicant | 13.01.2017 |
|
Reply to Committee's questions Annex 1: Program of training for judges, 22 and 27 January 2015 |
From the Party concerned | 13.01.2017 |
| Comments on communicant's reply to Committee's questions FRE | From the Party concerned | 20.01.2017 |
| Draft findings and letter to the parties inviting their comments | From the secretariat | 26.05.2017 |
|
Comments on the draft findings Annex 1: Constitutional Court judgement no. 13/2017 of 09.02.2017 FRE Annex 2: Consitutional Court judgement no. 143/2016 of 17.11.2016 FRE |
From an observer (Prof. Dr. Luc Lavrysen) | 31.05.2017 |
| Comments on the draft findings FRE | From the communicant | 12.06.2017 |
| Findings ENG FRE RUS | 18.06.2017 |