New Ruling Expands Environmental Organisations' Rights In Nature Conservation Procedures

In December 2020 the Higher Administrative Court issued an interesting ruling regarding the party status of environmental organisations (EOs).¹ Until now, the scope of EOs' participation rights in Austrian nature conservation proceedings was unclear. The court's ruling clarifies that EOs' party status is to be interpreted broadly.

EOs and their role under nature conservation law

The Aarhus Convention² provides for public participation in environmental proceedings and access to justice in order to review environmental procedures. In Austria, the right to participate in proceedings and to appeal is in principle available only to those who have party status, which is determined by national law. A strict distinction must be made between participating and legal parties. 'Participating' parties have limited procedural rights, such as participation in a hearing. In contrast, 'legal' parties have the right to file an application and to appeal. Therefore, the extent to