Passive Standing in Environmental Litigation – one for all?

Abstract

I – The diffuse interest, a category that includes the right to the environment and consumer rights, constitutes a multi-individual interest that takes the form of a public subjective right.

II – Any violation of this right affects all those who, in a stable manner, belong to the community whose right to a healthy environment is harmed by the actions of either a public or a private entity.

III – As a right belonging to all and each member of the community, it may be defended in court either by an association established for its protection or by any individual member of that community.

IV – The presence in court, in defence of this right, of only one member of the community does not give rise to a lack of standing, whether active or passive.