STANDING WITHOUT LEGAL PERSONALITY: THE PROCEDURAL DIMENSION OF RIGHTS OF NATURE IN THE EUROPEAN UNION
STANDING WITHOUT LEGAL PERSONALITY: THE PROCEDURAL DIMENSION OF RIGHTS OF NATURE IN THE EUROPEAN UNION

Summary/Abstract: In the face of the deepening environmental crisis and the increasing threats to nature, the search for new legal mechanisms aimed at strengthening environmental protection within the legal order has intensified. One of the proposed approaches is to grant legal personality to elements of nature. Although the legal framework of the European Union does not expressly confer legal or procedural capacity upon nature, there exist theoretical grounds that allow for considering nature as a rights-bearing subject. This article explores the concept that rests upon the correlation between rights and duties, which constitutes the foundation of legal subjectivity. The main purpose is to examine the procedural dimension of obligations towards nature within European Union law by identifying the actors and legal instruments that enable action in the interest of nature. The analysis encompasses the means available both at the national and EU levels. Emphasis is placed on the role of non-governmental organisations active in the field of environmental protection. Furthermore, special consideration is also given to the existing limitations faced by members of the public in securing access to justice in environmental matters.

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