The paper examines the theoretical origins, the functionality and recent developments in the field of the non-compliance procedure under the Aarhus Convention. It looks at the fundamental research of Chayes and Handler Chayes as well as at the non-compliance procedure of the Montreal Protocol, which has a model character for the non-compliance procedure under the Aarhus Convention. The contribution emphasizes that there are important modifications in the non-compliance procedure under the Aarhus Convention, compared with the “Montreal model”, that are reminiscent of human rights fulfilment control mechanisms. The paper concludes in the face of the recent developments in case 32 that an upgrade of the ACCC to a possible “European court of environmental rights”, as suggested by Epiney et al., might be a courageous step to make the enforcement of the Aarhus Convention more effective.