Adaptation of National Legislation to the EU Acquis in the Field of Alternative Resolution of Environmental Legal Disputes

Abstract

The article presents a legal analysis of the specific features of harmonising Ukrainian legislation with the EU acquis, as well as an exploration of the prospects for resolving environmental legal disputes through the introduction of alternative dispute resolution (ADR) mechanisms into environmental law enforcement practice.

It is argued that aligning Ukrainian legislation with the EU acquis in the field of alternative resolution of environmental legal disputes should be considered along two key dimensions: on the one hand, by taking into account the developments within the European community regarding the expansion of access to justice, including through alternative means; and on the other hand, by examining the adaptation of Ukraine’s environmental legislation to the EU acquis.

It is demonstrated that Ukraine has adequately established the necessary conditions for the implementation of an alternative mechanism for resolving environmental legal disputes, i.e. an effective transposition of the UNECE Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters (the Aarhus Convention) into national legal practice has significantly contributed to this process. The Convention promotes the development of mechanisms for compromise-based interaction among various actors in environmental legal relations, aiming to harmonise their interests, resolve existing environmental disputes, and prevent the emergence of new ones.

The article concludes that Ukraine’s further steps should involve a comprehensive approach that combines targeted legislative reforms, institutional development, and effective law enforcement practices in the field of alternative environmental dispute resolution. Only such an integrated approach will enable Ukraine to fully align its national legislation with the EU acquis and ensure the effective, transparent, and equitable resolution of environmental legal disputes, thereby supporting sustainable development and deeper integration into the European legal system.