- Marleasing SA v La Comercial Internacional de Alimentación SA [1992] ECR 1–4135.
- The doctrine of a margin of appreciation permits member states a measure of discretion when considering, upholding or restricting convention rights (Handyside). The principle behind the doctrine is to allow member states the primary role in assessing the extent of convention rights and the necessity for interference with those rights. In the context of judicial review proceedings in which a breach of convention rights is pleaded, it might be tempting for a judge to allow a decision-maker a further element of discretion (that is, additional to that implied by the principle of proportionality) and to ask what will be the effect of making a declaration that there is a breach of convention rights. If the court was satisfied that the matter might have proceeded to the European Court of Human Rights, it might then ask itself whether the application of the margin of appreciation would render the declaration otiose. At this stage, one can only guess how the English courts might approach these matters.
- As a Part A process: Environmental Protection (Prescribed Processes and Substances) Regulations 1991, Sched. 1, Chapter 6, Section 5.1.
- Directive 85/337/EEC (as amended by 97/11/EC).
- There is an argument that in certain circumstances the term “development consent” (Art. 1) should apply to the determination of an IPC consent if this is the material “gateway” through which projects must pass before they can proceed: R v North Yorkshire County Council ex p. Brown and Cartwright [1998] Env LR 385 (now HL)).
- In a case where consent is refused a third party has the right to be heard by the inspector at a planning appeal.
- The Supreme Court referred to the right to “pollution free air and water”.
- Boyle and Anderson (Clarendon Press, Oxford, 1995).
- Directive 85/337/EEC (as amended by 97/ll/EC).
- Directive 96/61/EC.
- Directive 75/442/EEC (as amended by 91/158/EC).
Judicial Review
Volume 4, 1999 - Issue 1