Holding the EU Accountable for Environmental Law Violations: Legitimacy Assets, ‘Complete’ System of Remedies and Unexplored Pathways - European Energy and Environmental Law Review View Holding the EU Accountable for Environmental Law Violations: Legitimacy Assets, ‘Complete’ System of Remedies and Unexplored Pathways by - European Energy and Environmental Law Review Holding the EU Accountable for Environmental Law Violations: Legitimacy Assets, ‘Complete’ System of Remedies and Unexplored Pathways 34 3

Within the EU, a complex web of legal avenues exists to address breaches of environmental law. This paper critically examines the judicial and non-judicial mechanisms available for litigating such breaches, focusing on the ‘legitimacy assets’ that characterize these mechanisms: independence, accessibility, material scope, and powers. This contribution therefore delves into the action for annulment and the preliminary reference procedure before the Court of Justice of the European Union (CJEU), the internal review procedure foreseen under the Aarhus Regulation, the complaint before the European Ombudsman (EO), the review mechanism of the Aarhus Convention Compliance Committee (ACCC), and the possibility of bringing cases to the European Court of Human Rights (ECtHR). It reveals strong suits and drawbacks for each avenue, ultimately advocating for a renewed attention for the non-judicial mechanisms.

European Energy and Environmental Law Review