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PARTICIPATION OF THE
PUBLIC IN ENVIRONMENTAL
PROTECTION
JUDr. Ilona Jančářová, Ph.D.
Who is „the public“?
a natural or legal person (anybody),
groups of these persons (one or more
persons),
non-governmental organizations (civic
associations and similar common welfare
organizations with the interest in
environmental protection) as a special legal
person with special rights set forth by certain
acts.
INTERNATIONAL LAW
1991 Convention on Environmental
Impact Assessment in a Transboundary
Context (Espoo)
Protocol 2003 on Strategic
Environmental Impact Assessment
(Kiev)
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INTERNATIONAL LAW
1998 Convention on Access to
Information, Public Participation in
Decision-Making and Access to Justice
in Environmental Matters (Aarhus)
Protocol 2003 on Pollutant Release and
Transfer Register (Kiev)
EC LAW
Council Directive 90/313/EEC on the freedom
of access to information on the environment
Directive 2003/4/EC on public access to
environmental information and repealing
Council Directive 90/313/EEC
EC Regulation 166/2006 on establishment of
European Pollution Realease and Transfer
Register
EC LAW
Council Directive 85/337/EEC on the assesssment of the
certain public and private projects on the environment, as
amended
Directive 2001/42 on the assessment of certain plans and
programmes on the environment
Directive 2003/35/EC providing for public participation in
respect of the drawing up of certain plans and programmes
relating to the environment and amending with regard to public
participation and access to justice Council Directives
85/337/EEC and 96/61/EC
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THE RIGHT TO ENVIRONMENTAL
INFORMATION
Charter of basic human rights (Art. 17
and 35)
Act No. 123/1998 Coll., on the right to
environmental information
Act. No 106/1999 Coll., on free access to
information
THE RIGHT TO ENVIRONMENTAL
INFORMATION
Environmental information
Active and pasive approach
Applicants
Forms of a request
Forms and time period for access to
environmental information
No fee
Reasons for denial set by the law
Appeal
Judicial review
PARTICIPATION OF THE PUBLIC IN
ENVIRONMENTAL PROTECTION
the right to gather
the right to associate
the right to participate in administration of public matters including
the right to vote
the right to petition
the right to environmental information
the right to complain
the right to participate in procedures that do not have a character of
administrative procedure (the result is not an administrative
decision)
the right to participate in the administrative proceedings
participation in civil proceedings before court
participation in criminal proceedings
administrative agreements
participation in the state institutions.
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The right to participate in procedures that
do not have a character of administrative
procedure
Land use planning
Environmental impact assessment
The right to participate in the
administrative proceedings
Environmental Impact Assessment Act No.
100/2001 Coll.
Nature Protection Act No. 114/1992 Coll.
Water Act No. 254/2001 Coll.
Integrated Prevention and Pollution Control
Act No. 76/2002 Coll.
Construction Act No. 183/2006 Coll.
Prevention of significant Accidents Act No.
59/2006 Coll. (emergency planning)
The right to participate in civil
proceedings
Action to protect the owner´s rights
against his neighbours´nuissance
Compensation for damage