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Article 25 - Access to justice

Article 25
Access to justice

1. Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts or omissions subject to Article 6, 7 or 8 where at least one of the following conditions is met:

((a))

they have a sufficient interest;

((b))

they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition.

The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide for adequate and effective redress mechanisms, including injunctive relief where appropriate.

2. Standing in the review procedure shall not be conditional on the role that the member of the public concerned played during a participatory phase of the decision-making procedures under this Directive.

3. Member States shall determine at what stage the decisions, acts or omissions referred to in paragraph 1 may be challenged.

4. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures referred to in this Article.

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