Reblogged from The Law is My Oyster with thanks to Neil, Pat and David for their efforts.
The Irish Authorities have got themselves into a precarious state of affairs viz a viz their responsibilities under International and European environmental law :
The first session involved the opening statements. These are delivered in writing to the Aarhus Convention Compliance Committee (ACCC) beforehand, which allows a speaker from both sides to paraphrase and highlight the main points underpinning the Communication and the Party’s Response in about ten minutes or so.
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And then it was the turn of the Curator. The Curator is the ACCC member who was assigned the case, researches it, makes some sort of preliminary assessment (and perhaps recommendations?) to the rest of the Committee in closed session before the parties are invited in.
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The Curator asks ‘clarification questions’ to both the Communicant (us) and the Party (the Irish government) – sometimes a common question for both sides to answer, and sometimes a question directly and specifically at one party but the other is entitled to respond to the answer to the question. It is a very European civil-law way of doing it and you need to listen to the questions carefully, as they often have a sting in the tail.
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Full Article Here - https://the-law-is-my-oyster.com/2016/06/28/report-on-communication-acccc2014112-regarding-complaint-of-non-compliance-against-ireland/
The bottom line is that the EU and Irish government (doing their bidding ) are acting in an undemocratic way. Not only are they breaking their own laws in the Aarhus convention, but they are breaking Article 3 of the SEA Directive with regard to their renewable energy policy. This is the conflict between the English Common law we are used to (innocent until proven guilty) to the French system (guilty until proven innocent). Amazing how English working class voters can identify the oppressive nature of the EU and vote to flee its chains.
ReplyDeleteThe government of Walloon province, Belgium introduced new wind farm safety guidelines. Residents challenged them in court. The Belgium court sought an opinion from the ECJ. The Advocate General of the ECJ has recommended that no rules or guidelines designed to effect planning consent can be made outside the sea Directive. It is rare form the court not to follow her advice. Therefore as there is no SEA, all wind farms since 2004 are illegal. Case C 290/15 - Patrice d'Oultremont & others -v- Regeon Wallone
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