environmental law centre
law

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In this section you will find help with law - in context of training, environmental cases, environmental injustice, human rights violations, legal rules, and litigation.

Obtaining justice and redress in health and environmental cases is invariably a long and hard battle. Truth and justice matter very little in the courts if you fall foul of its procedures. It is also essential that your application and statement of claim reflects what you are claiming. Do not be afraid to question your lawyers and expert witnesses at each and every stage nor depend upon them wholly—get it right the first time. ELC can assist you through the legal maze and hurdles.

One of the most important changes in the EU has been the Charter of Fundamental Freedoms, and for the first time in the UK the incorporation of the European Convention on Human Rights into the British Legal System. It is not perfect by any means, as can be seen by the omission of Article 13 - right to effective remedy - but nevertheless it will have significant impact on the rights and obligations of various governmental bodies, and the judiciary will be required to pay heed to the Convention.

Seeking early and relevant advice is essential. We aim to provide a comprehensive One-Stop Advice Centre. In cases of wider public interest, ELC may provide Representation for individuals or communities.

If you are resorting to legal redress it is important to indentify the type of action. You must bear in mind that you must check any Statutory Limitations (SL) that may apply to your case. Whatever you do, do not give your original documents to anybody - always photocopies if need be.

Broadly you can divide areas of action as follows:
UK Court system via Family / Civil / Administrative routes. On Appeal this leads onto Judicial Review which can then result in the exhaustion of national remedies, if still not successful.

European Court of Human Rights(ECHR)
SL 2 months for notice; application within six months of last major decision.(NB you can go straight to ECHR if you can get an opinion stating you will not get justice in your country).

European Court of Justice (ECJ)
No direct route. Application must be made to the Commission unless when your case was in the national courts you asked that it be referred to ECJ. You can also petition the Petition Committee of the European (EU) Parliament - check their remit.

 

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