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The Aarhus Convention and the Exclusion of State Aid Review:

The Way Forward

Wolfgang Weiß, Eva Rom


Keywords: Aarhus Regulation, Aarhus Convention, Hinkley Point C, internal review, ACCC

The Union legislator has recently amended the Aarhus Regulation with the aim of bringing it more in line with the requirements the Aarhus Convention lays down. EU State aid decisions, however, remain excluded from its scope. This exclusion raises questions that form the object of this contribution. The article argues that the arguments presented to justify the continued exclusion of State aid review are not convincing. By not complying with the recommendations of the ACCC, the EU is in clear violation of international law. Therefore, the article deliberates over the necessary changes and possible exemptions for a sound implementation of the Aarhus Convention against the procedural specificities of State aid review, considering also the Commission´s recently presented options, which contain a number of problematic aspects.
Keywords: Aarhus Regulation; Aarhus Convention; Hinkley Point C; internal review; ACCC

Prof Dr Wolfgang Weiß, full professor of public law, public international law and European Law, German University of Administrative Sciences, Speyer. For correspondence: <>. Eva Rom, MPhil, doctoral student in public law, Humboldt University of Berlin and research assistant at the German University of Administrative Sciences, Speyer. The authors would like to thank Lea Christmann, LLM, and Leonie Heuer for valuable discussions on the topic.


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