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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