Judgment_paragraph 52 · Ordre des barreaux francophones et germanophone and Others v Conseil des ministres (C-543/14)

52As the Advocate General observed in point 92 of her Opinion, Article 9(1) and (2) of the Aarhus Convention also refers to the criteria laid down by national law. According to the terms of those provisions, the procedures to which they apply must be established ‘within the framework of [the] national legislation’ of the parties to that convention, with the national legislature, in particular, having to decide whether it intends to provide the possibility of access to a review procedure ‘before a court of law and/or another independent and impartial body established by law’. In addition, it follows from the second subparagraph of Article 9(2) of the Aarhus Convention that the determination of ‘what constitutes a sufficient interest and impairment of a right’ is a matter for national law.