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Access to Justice and Public Participation in Environmental Decision-making

This article discusses the legal requirements and scope of access to justice and public participation in environmental decision-making. It covers the criteria for standing under Article 9.2, the scope of Article 9.2, the requirements under Article 6, the procedures for public participation, and the responsibilities of competent public authorities. The article also highlights the necessary features of a public participation procedure, including notification, access to information, and the submission of comments. It emphasizes the importance of publicising decisions and making them accessible to the public.

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Access to Justice and Public Participation in Environmental Decision-making

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  1. Article 9.2: legal requirements Access to Justice Regional Workshop for High-Level Judiciary Tirana, 17-18 November 2008 Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  2. Right under art.9.2 • Role • Who – standing • What – scope • Relation to requirements under art.6 Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  3. Art.9.2 - standing • Members of the public concerned (art.2.5) • affected or likely to be affected • having an interest in environmental decision-making • role of NGOs • Criteria for standing in art.9.2 • Sufficient interest • Impairment of a right • criteria in national law consistent with the objective of giving wide access to justice Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  4. Art.9.2 - scope • Reasons • Substantive or procedural legality • Decision, act or omission subject to Article 6 • Court review and administrative review Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  5. Art.6 -requirements • Scope • Procedure • elements • who is responsible • features Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  6. Decisions on individual projects • List of activities in Annex I • Other activities which may have a significant efect on environment • Excemption: • Activities serving national defence • If public participation would have adverse effect on these purposes Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  7. Public participation procedure • Notification –art 6.2 • Access to information – art.6.6 • Possibility to submit comments – art.6.7 • Due account taken of public comments – art.6.8 • Decision taken notified and accesible to the public- art.6.9 Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  8. Who is responsible for public participation procedure • Primary responsibility • „competent public authorities” • Practical arrangements • special officers (commissaires enqueters) • specialised private consultants (sometimes NGOs) • local authorities • Role of applicants (project proponents) Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  9. Necessary features of public participation procedure • Reasonable time-frames allowing sufficient time for • Informing the public • For public to prepare and participate effectively • Early in decision-making • When all options are open • When public participation can be effective Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  10. Notification – art 6.2 • Public notice or individually • Early in decision-making • Manner: • Adequate • Timely • Effective Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  11. Elements of notification • Proposed activity • Nature of possible decisions or draft decision • Responsible public authority • Envisaged procedure • How to participate • Where and which information is available • Transboundary EIA – if applicable Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  12. Art.6.6 - making available relevant information • Free of charge • As soon as available • Exemption from general rules on acces to information under art.4 • Relation to art 6.2 Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  13. Art 6.6 - content of relevant information • All information relevant to decision-making • Description of site, efects and measures • Non-technical summary • Outline of main alternatives • Reports and advice Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  14. Possibility to submit comments – art.6.7 • In writing • In public hearing Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  15. Due account– art.6.8 • Due account must be taken of public comments • obligation to read and consider seriously • but not always to accept all comments • Any comments vs „reasoned comments • Safeguards Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

  16. Publicising the decision- art.6.9 • Decision taken must be • notified • accesible to the public • together with a statement on; • reasons • considertaions Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl

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