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PUBLIC PARTICIPATION
IN ENVIRONMENTAL
PROTECTION
Ilona Jancarova
PUBLIC PARTICIPATION IN
ENVIRONMENTAL PROTECTION
1998 Aarhus convention on Access to
Information, Public Participation in Decisionmaking
and Access to Justice in
Environmental matters
2003 Protocol on the Pollution Release
and Transfer Register (Kijev)
ACCESS TO ENVIRONMENTAL
INFORMATION
1990 Directive 90/313/EEC on the
freedom of access to information on the
environment
2003 Directive 2003/4/EC on public
access to environmental information and
repealing Council Directive 90/313/EEC
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AARHUS CONVENTION
Public - natural or legal persons as well as
their associations, organizations or groups
Public concerned - those who are affected or
likely to be affected by or having an interest
in the environmental decision-making
AARHUS CONVENTION
The Aarhus Convention stands on three
"pillars":
access to information
public participation
access to justice.
ACCESS TO INFORMATION
Active access - the right of the public to
receive information and the obligation of
authorities to collect and disseminate
information of public interest without the
need for a specific request.
Passive access - the right of the public to
seek information from public authorities and
the obligation of public authorities provide
information in response to a request
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PUBLIC PARTICIPATION
participation of the public that may be affected by or
is otherwise interested in decision-making on a
specific activity (Article 6)
participation of the public in the development of
plans, programmes and policies relating to the
environment (Article 7)
participation of the public in the preparation of laws,
rules and legally binding norms. (Article 8)
ACCESS TO JUSTICE
Enforcement of the right to environmental
information
Enforcement of the right to participation of
public
Enforcement of environmental law
ARTICLE 9/1
Enforcement of the right to environmental
information:
Each Party shall, within the framework of its national
legislation, ensure that any person who considers
that his or her request for information has be en
ignored, wrongfully refused, whether in part or in full,
inadequately answered, or otherwise not dealt with
in accordance with the provisions of that article, has
access to a review procedure before a court of law
or another independent and impartial body
established by law.
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ARTICLE 9/2
Enforcement of the right to participate in environmental decision-
making
.Each Party shall, within the framework of its national legislation, ensure that
members of the public concerned
(a) Having a sufficient interest or, alternatively,
(b) Maintaining impairment of a right, where the administrative procedural law of a
Party requires this as a precondition, have access to a review procedure
before a court of law and/or another independent and impartial body established
by law, to challenge the substantive and procedural legality of any decision, act
or omission subject to the provisions of article 6 and, where so provided for
under national law and without prejudice to paragraph 3 below, of other relevant
provisions of this Convention.
What constitutes a sufficient interest and impairment of a right shall be determined
in accordance with the requirements of national law and consistently with the
objective of giving the public concerned wide access to justice within the scope
of this Convention. To this end, the interest of any non-governmental
organization meeting the requirements referred to in article 2, paragraph 5, shall
be deemed sufficient for the purpose of subparagraph (a) above. Such
organizations shall also be deemed to have rights capable of being impaired for
the purpose of subparagraph (b) above.
ARTICLE 9/3
Enfocement of environmental law:
In addition and without prejudice to the review procedures referred
to in paragraphs 1 and 2 above, each Party shall ensure that,
where they meet the criteria, if any, laid down in its national law,
members of the public have access to administrative or judicial
procedures to challenge acts and omissions by private persons
and public authorities which contravene provisions of its national
law relating to the environment.
In addition and without prejudice to paragraph 1 above, the
procedures referred to in paragraphs 1, 2 and 3 above shall
provide adequate and effective remedies, including injunctive
relief as appropriate, and be fair, equitable, timely and not
prohibitively expensive.