{
  "url": "https://openlegislation.uk/eu-decision-2008-401/annex/article-5",
  "json_url": "https://openlegislation.uk/eu-decision-2008-401/annex/article-5.json",
  "legislation": "eudn/2008/401",
  "legislation_title": "Commission Decision of 30 April 2008 amending its Rules of Procedure as regards detailed rules for the application of Regulation (EC) No 1367/2006 of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institution and bodies (2008/401/EC, Euratom)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2008-401",
  "path": "annex/article/5",
  "kind": "article",
  "number": "5",
  "heading": "Decisions concerning the substance of requests for internal review",
  "text": "1. Any decision whereby it is determined that the administrative act whose review is sought, or the alleged administrative omission, is in breach of environmental law shall be taken by the Commission.\n2. In accordance with Article 13 of the Rules of Procedure, the Member of the Commission responsible for the application of the provisions on the basis of which the administrative act concerned was adopted or to which the alleged administrative omission relates shall be empowered to decide that the administrative act whose review is sought, or the alleged administrative omission, is not in breach of environmental law.\nSub-delegation of powers conferred under the first subparagraph shall be prohibited.\n3. The non-governmental organisation author of the request shall be informed of the outcome of the review in writing, if appropriate by electronic means, stating the reasons.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2008/401/annex/article/5",
    "retrieved_at": "2026-11-01T15:17:01.156239+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}