CEU Electronic Theses and Dissertations, 2020
| Author | Gonczi, Gergely |
|---|---|
| Title | Supranational Rights Protection Regarding Airport Noise Pollution in the European Legal Space |
| Summary | The paper attempts to analyze the current case-law of the three supranational fora on grievances regarding noise pollution in the proximity of airports: the European Court of Human Rights (ECtHR), the Court of Justice of the European Union and the Compliance Committee of the Aarhus Convention. The paper sketches the similarities and differences in standing of an individual, possibilities of framing the problem and prospects of success before the three panels from an analytical perspective. Additionally, the paper looks at the pros and cons of bringing grievances before the respective fora from a practical standpoint. Comparing these aspects, the paper finds that the ECtHR offers most effective individual rights protection of the three fora. However, the existing jurisprudence suggests that even before the ECtHR, the prospect of success is predominantly limited to procedural aspects of public involvement and the weighing of the relevant public and private interests. As a next step, the paper analyzes a possible route towards enhancing individual rights protection in the subject domain and finds that strategic litigation could aim at requesting the ECtHR to expressly rely on the procedural standards of the Aarhus Convention as interpreted by the Aarhus Committee. The most important findings are the sporadic but relevant existence of a reliance to the principles and standards of the Aarhus Convention by the ECtHR in its existing case-law as well as the synthesis of the justification offered by the ECtHR. The paper also draws an original parallel between the adoption of external bodes of law in the domain of child protection under Article 8 and argues that the justifications of that reliance are transposable to the proposed reliance on the Aarhus standards. |
| Supervisor | Eszter Polgári |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2020/gonczi_gergely.pdf |
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