Environmental Justice in Times of Emergency: Democratic Constraints in Case T-535/23 CEE Bankwatch Network and Ökobüro v Council

This case note focuses on the General Court’s judgment in T-535/23 CEE Bankwatch Network and Ökobüro v Council, which concerns a request for internal review made by environmental NGOs under the Aarhus Regulation. The request was filed with respect to the EU Emergency Regulation, adopted in December 2022 to accelerate renewable energy deployment. In this case, the Court discussed the distinction between “administrative acts” and “legislative acts,” in an attempt to finetune the scope of the internal review mechanism. In doing so, the Court ultimately excluded emergency measures adopted under Article 122(1) TFEU, such as the Emergency Regulation, from internal review. This case note therefore illustrates the tensions between emergency governance and environmental procedural rights, as it argues that the Court may have created an “Aarhus-free zone” for emergency measures. Moreover, this case note explores the broader implications of the judgment for access to justice in environmental matters in the EU.