PUBLIC PARTICIPATION IN ENVIRONMENTAL PROTECTION



                                                                                    Ilona Jancarova

PUBLIC PARTICIPATION IN ENVIRONMENTAL PROTECTION



l  1998 Aarhus convention on Access to Information, Public Participation in Decision-making and
Access to Justice in Environmental matters



l  2003  Protocol on the Pollution Release and Transfer Register (Kijev)

ACCESS  TO   ENVIRONMENTAL  INFORMATION



l  1990  Directive 90/313/EEC on the freedom of access to information on the environment



l  2003  Directive 2003/4/EC on public access to environmental information and repealing Council
Directive 90/313/EEC

AARHUS CONVENTION



l  Public - natural or legal persons as well as their  associations, organizations or groups



l  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":



l  access to information

l  public participation

l  access to justice.



ACCESS TO INFORMATION

l     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.



l     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

PUBLIC PARTICIPATION

l  participation of the public that may be affected by or is otherwise interested in
decision-making on a specific activity (Article 6)



l  participation of the public in the development of plans, programmes and policies relating to the
environment (Article 7)



l  participation of the public in the preparation of laws, rules and legally binding norms.
(Article 8)

ACCESS TO JUSTICE

l  Enforcement of the right to environmental information



l  Enforcement of the right to participation of public



l  Enforcement of environmental law