A Study On The Judicial Review Of The Approval Of EIA

As an environmental administrative license,the approval of EIA cannot be separated from the judicial review for good operation.At present,the theoretical and practical circles have reached a consensus that the environmental review and approval behavior belongs to the scope of administrative litigation,but how to conduct effective judicial review of the environmental review and approval behavior requires further investigation and exploration.With the development of society,the relationship between judicial power and executive power is constantly changing.In the context of a risk society,the professionalism and technological uncertainty contained in the EIA review make the court's review face different challenges from the past.Through the examination of practical cases,this article believes that the court's review mainly has the following problems:in the review of procedural issues,the court's review of information disclosure procedures and participation procedures is formal,and citizens' right to information and participation rights lack judicial protection;In the review of substantive issues,the court only used the environmental standards for a shallower review,and avoided reviewing the highly professional content in the EIA documents.In this case,the court's review is in a concessionary position,and it is difficult to play a role in restricting administrative power and protecting citizens' rights.In view of the above problems,the author draws on the experience of judicial review in Taiwan and believes that the court should overcome the concept of procedural instrumentalism and strengthen the review of procedural issues based on the principle of due process,so as to effectively protect the citizens' right to know and participate.At the same time,the court should focus its review on the process of approving decisions,while maintaining judicial restraint while achieving effective review of substantive issues.