A EFETIVAÇÃO DO DIREITO À INFORMAÇÃO AMBIENTAL, POR MEIO DA QUESTÃO PREJUDICIAL, NO TRIBUNAL DE JUSTIÇA DA UNIÃO EUROPEIA

THE IMPLEMENTATION OF THE RIGHT TO ENVIRONMENTAL INFORMATION THROUGH PRELIMINARY RULING ON EUROPEAN COURT OF JUSTICE

Abstract

Abstract: This article analyzes the achievement of the right to environmental information within the European Union, through the preliminary ruling of the European Union Court of Justice, mechanism that allows a horizontal dialogue between the judge Community and the national judge. The theme is justified in view of the relevance of environmental information for life in society, in order to achieve the United Nations goal linked to sustainable consumption. The aim of this study is to verify whether the question referred for a preliminary ruling is the appropriate mechanism to standardize interpretation and subsequent application by the national court of the right to environmental information erected by the EU institutions in the face of disparity still present in the legislation of each Member State. Specific objectives include: analyzing legal cooperation between the European Court of Justice and the national courts, regarding the question referred for a preliminary ruling; identify the main cases decided by the Court of Justice between 1992 and June 2019 on the right to environmental information and the question referred for a preliminary ruling; and, finally, to study the source originated and derived from the Law of the Union, with emphasis in the environmental information. In order to do so, the methodology of normative-descriptive analysis was used, from a critical and interdisciplinary perspective and for the survey of cases, the method used was empirical by sampling. Thereby, it was possible to conclude that the mechanism of the preliminary question is essential for the realization of the right to environmental information along the lines adopted by the EU in order to generate changes in consumer habits.