In the field of civil justice, pending procedures and proceedings initiated before the end of the transition period will continue under EU law. The e-Justice Portal, on the basis of a mutual agreement with the UK, will maintain the relevant information related to the United Kingdom until the end of 2024.

Access to justice in environmental matters

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The Bailiwick of Guernsey is a Crown Dependency and includes the separate jurisdictions of Alderney and Sark and the islands of Herm, Jethou and Lihou. Alderney and Sark have independent legislative, executive and judicial systems. Under Protocol 3 to the Accession Treaty of 1972 there is only a limited connection to the European Union for the purposes of free movement of goods. Other EU legislation does not generally apply. Pollution control law is mainly contained in the Environmental Pollution (Guernsey) Law 2004 while land use planning is provided for in the Land Planning and Development (Guernsey) Law 2005. There is provision for EIA in the Land Planning and Development (General Provisions) Ordinance 2007. Judicial review of decisions is available in the Royal Court of Guernsey under the rules in Practice Direction 3 of 2004. There is no freedom of information legislation in Guernsey. The Office of Environmental Health and Pollution Regulation has legal powers to prevent the recurrence of statutory nuisances under the Loi Relative à la Santé Publique, 1934 (as amended) and related legislation. Individuals can bring an action against another person in customary law for a nuisance, which can include an injunction.

Last update: 14/09/2016

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