How to Represent the Silent Environment? An Update on Germany’s Struggle to Implement Article 9 (3) of the Aarhus Convention

Abstract With Germany’s signature to the Aarhus Convention in 1998, country committed strengthening legal position of environmental Non-Governmental Organisations (eNGOs). Since, traditionally, Germany, “public interest litigation” was legally impossible, had consider fundamental changes its system judicial review. More than 20 years later, German implementation Article 9(3) ( ac ) has seen several amendments, but is still cause for controversy. Despite prolonged efforts adapt legislation, there are, currently, two admitted complaints concerning standing eNGOs waiting a (final) decision by Compliance Committee, while cjeu judgments have clarified much-needed interpretation particularly also view notion effective protection. These developments, together with scholarly criticism, indicate need further change approach.