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Multi-Level Enforcement of Environmental Procedural Rights in the European Union

Civil Society
Democracy
Environmental Policy
Courts
Decision Making
NGOs
Activism
Susana Muñoz
University of Luxembourg
Susana Muñoz
University of Luxembourg

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Abstract

The EU’s multi-level system of environmental governance is increasingly challenged by political contestation, normative tensions, and broader geopolitical pressures. These dynamics affect the interpretation, application and legal enforcement of environmental law, particularly the procedural guarantees that underpin environmental democracy. For decades, environmental activists in Europe have relied on legal mechanisms to influence policy and reinforce governance where political or institutional action has proved insufficient. In this context, the three pillars of the Aarhus Convention function as channels through which civil society actors respond to, resist or adapt to these challenges. This paper examines how eco-legal activism operates at both the EU and Member State levels to ensure compliance with environmental law. Drawing on CJEU and national case law, legislation and interviews with key stakeholders, it shows how NGOs and other civil society actors strategically use litigation, internal review procedures and participatory rights to hold institutions accountable, enhance transparency and shape decision-making processes. By framing activism as a law-driven mechanism, the study assesses its function not only in enforcing procedural rights but also in strengthening environmental governance. The analysis aims to demonstrate the extent to which the environmental legal orders of the EU and its Member States, though under strain, provide a structured framework within which civil society can translate procedural environmental rights into tangible influence, thereby ensuring that environmental democracy remains both operational and resilient.