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Präklusion unter dem Einfluss der Aarhus-Konvention

Annette Guckelberger Und Dr. Frederic Geber

Sec. 2 para 3 of the German Environmental Appeals Act precludes appeals brought forward by environmental associations before courts against decisions by administrative authorities, if these associations failed to participate in the preceding administrative proceedings. Although such preclusion is a common theme in German administrative law, it may well be contrary to the provisions of the Aarhus-Convention as well as to EU law transposing its provisions into the European e


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