Fair Trial and Expert Judges – Towards Environmental Justice?⁺

Article type: Research Article

Authors: Nieminen-Finne, Hanna^{; *}

Affiliations: Senior Specialist, The National Courts Administration, Vantaa, Finland

Correspondence: [*] Corresponding author. E-mail: [email protected].

Note: [+] This article is based on the author𠀙s dissertation in Finnish.

Abstract: This article examines the role of expert judges who participate in resolving environmental protection cases at the Vaasa Administrative Court, Finland, which is the first instance of appeal. The expert judges have a degree in either engineering or natural sciences and they work as full-time judges. This article describes the requirements of a fair trial according to the Convention on Human Rights. The most interesting elements of a fair trial are the adversary principle and the independence and impartiality of the court. Access to a court and to justice and the Aarhus Convention are the basic elements of environmental justice and the Finnish system. Several international aspects support it. Even the most critical aspect, the adversary principle, does not demand the abolishment of the system of environmental expert judges.

Keywords: Expert judges, environmental justice, access to justice, fair trial

DOI: 10.3233/EPL-210101

Journal: Environmental Policy and Law, vol. 52, no. 3-4, pp. 301-311, 2022