Access to EU Documents: An End at Last to the Authorship Rule?

2007 ◽  
Vol 4 (6) ◽  
pp. 440-448
Author(s):  
Moritz von Unger

AbstractThe key legal text governing public access to EU documents is Regulation 1049/2001. In contrast to the previous legal regime, the Regulation dismisses the so called authorship rule, which aligns it with recent developments in the field of the law of transparency and, notably, of international environmental law (Aarhus Convention). The European institutions are hence tasked with making all documents accessible to the public, which include both those originating with them and those from third parties. Yet unlike the Aarhus Convention, the Regulation has a blind spot, which leads to the important question of whether a Member State can simply order the institutions to withhold any of its documents whenever it chooses to do so. For the first time, the European Court of Justice is being asked to hand down a judgment on this question. The author suggests that the Court may wish to consider an interpretation of Regulation 1049/2001 that adjusts it further to the international standard as set by the Aarhus Convention.

2020 ◽  
Vol 53 (4) ◽  
pp. 535-574
Author(s):  
Boas Kümper

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.


2021 ◽  
pp. 245592962110534
Author(s):  
Alberto Frigerio

In 2021, Ocean Gate Expeditions allowed people to visit the remains of the RMS Titanic. While this is not the first time that the site has been accessed for touristic aims, this case has, once again, opened the debate about the ethics of such experiences. The key dilemma is if permitting the public access to a natural graveyard, such as the wreck of the Titanic, should be considered as an acceptable practice or an immoral act that must be banned. Notwithstanding the sensitive arguments raised against the organization of similar initiatives, the visit to the RMS Titanic seems to be a valuable and legitimate practice according to diverse ethical approaches.


2021 ◽  
Vol 18 (1-2) ◽  
pp. 56-76
Author(s):  
Magdalena Michalak ◽  
Przemysław Kledzik

Abstract The United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters was adopted on 25 June 1998 in the Danish city of Aarhus. According to its provisions each state Part shall, within the framework of the national legal order, ensure that members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law. At the same time, it contains regulations specifying the criteria that constitute the basis for determining persons enjoying rights to access justice with respect to national legal orders. Poland, being one of the state Parties, introduced into national legal order special provisions enabling implementation of the Aarhus Convention, including regulations concerning parties to proceedings in environmental matters. The aim of the study is to analyse and assess these regulations in the light of the requirements adopted in the Aarhus Convention and to formulate general conclusions in the field of key issues of the international and European environmental law and policy.


2012 ◽  
Vol 9 (1) ◽  
pp. 71-90
Author(s):  
J. Jendrośka

The article aims to provide a short overview of the current situation regarding public access to information, participation and access to justice in Europe. The article briefly presents the role of the Aarhus Convention and its compliance mechanism in shaping the respective legal framework at both national level and EU level. On that basis it summarises some key challenges and implementation problems respectively in relation to public access to information, participation and access to justice.


2020 ◽  
Vol 53 (2) ◽  
pp. 253-286
Author(s):  
Boas Kümper

Zusammenfassung Der Bericht informiert in zwei Teilen über den Entwicklungsstand des Rechts der vorhabenbezogenen Fachplanung und betrifft damit namentlich die Planung und Zulassung raumbeanspruchender Infrastrukturvorhaben wie Verkehrswege und Energieleitungen. Hierfür sieht das deutsche Verwaltungsrecht das spezifische Instrument der Planfeststellung vor. Das Bundesverwaltungsgericht verfügt in diesem Zusammenhang über eine weitreichende erstinstanzliche Zuständigkeit und prägt mittels dieser weite Teile des deutschen Zulassungsrechts, auch über den eigentlichen Bereich des Planfeststellungsrechts hinaus, sei es bezüglich des Rechtsschutzes und des Verfahrens, insbesondere der Umweltverträglichkeitsprüfung, sei es bezüglich der Anforderungen des materiellen Umweltrechts. Die durch Entscheidungen des Aarhus Compliance Committee und des Europäischen Gerichtshofs induzierte Überarbeitung des Rechts des Umweltrechtsschutzes hat der deutsche Gesetzgeber andererseits zum Anlass genommen, verfahrensrechtliche Spezifika der Planfeststellung auf andere umweltrelevante Zulassungsentscheidungen zu erstrecken. Hierdurch deuten sich erstens Konturen eines allgemeinen Vorhabenzulassungsrechts an und wird zweitens die Eigenart der Planfeststellung als Instrument zur Durchsetzung von Vorhaben im öffentlichen Interesse stärker akzentuiert. Abstract The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.


2017 ◽  
Vol 91 (3) ◽  
pp. 249-263
Author(s):  
Neil Parpworth

It is a common feature of public order legislation throughout the UK that those who organise public processions must give the police advance notification that they are to be held, and that it is a criminal offence to fail to do so. Whilst the European Court of Human Rights has accepted that such a requirement is not necessarily incompatible with the Article 11 freedom to peacefully assemble, recent litigation concerning the policing of the ‘flag protests’ in Belfast suggests that the officers in charge were mistaken as to the scope of their powers under the relevant legislation, the Public Processions (Northern Ireland) Act 1998, and that they failed to appreciate that the protection afforded to protestors by Article 11 has important limits.


2018 ◽  
Vol 7 (3) ◽  
pp. 397-424 ◽  
Author(s):  
Paola Villavicencio Calzadilla ◽  
Louis J. Kotzé

AbstractJuridical protection of the rights of nature is steadily emerging in several legal systems and in public discourse. Building on a recent publication in Transnational Environmental Law in which we interrogated Ecuador’s constitutional experiment with the rights of nature, we critically reflect in this contribution on Bolivia’s legal regime providing for the rights of Mother Earth. We do so, first, by sketching the juridical-political context within which these statutes were drafted and adopted, and then by analyzing the relevant constitutional provisions that provide the basis for the laws of Mother Earth. The third part forms the bulk of the discussion and details the background and the most relevant provisions of Bolivian statutes with a view to enabling a deeper critique in Part 4, in which we critically evaluate both the symbolic and the theoretical significance of the statutes as well as concerns related to their practical implementation. Insofar as the rights of nature paradigm has now become a truly global debate and a consideration in transnational comparative legal borrowing practices, our analysis aims to reveal the Bolivian experience, which could be instructive for civil society groups, academics, politicians and legislatures in a transnational setting.


2002 ◽  
Vol 4 (2) ◽  
pp. 101-116 ◽  
Author(s):  
Kate Getliffe

In the context of legal evolution, it is apparent that initiatives in environmental law are having an impact upon other legal fields and additionally upon the workings of the legal system itself. The legal system is failing adequately to protect the environment; once we accept this it is necessary to turn to solutions. Aspects of reflexive legal theory, such as increased access to the decision-making arena, are being eagerly adopted at EU level as an attempt to overcome the shortcomings inherent in the legalisation of environmental matters. One principal problem relating to the process of legalising environmental concerns is that of problem definition. It is argued that the advancement of enhanced participation in this field will result in more readily applicable solutions being raised. The issue assessed in this article is whether procedures which lead to greater participation in the decision-making process result in more effective legal output which ensures better protection of the environment. Enhanced participation is touted as a means to clarify the public interest and inculcate responsibility for the environment. It is thus assumed that the policy output is more representative of the consensus of public opinion. The Aarhus Convention is assessed in terms of its standing as a potential normative model of proceduralisation. Its compatibility with the sections of the Convention relating to participation and EU environmental law are analysed.


2012 ◽  
Vol 78 (4) ◽  
pp. 692-709
Author(s):  
Mirjana Drenovak Ivanović

The Aarhus Convention became a part of the Serbian legal system through the adoption of the Law on Ratification of the Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters in May 2009. Although the legislation in Serbia, prior to the ratification of the Aarhus Convention, pointed, to some extent, to the realization of ideas promoted by it, following the ratification, there was the formal possibility of the consistent application of rights stipulated by the Convention. This article analyses the role of information technology (IT) in providing public access to environmental information. There are three basic ways IT may be applied in environmental protection. First, through the use of IT for environmental matters, the public can be informed about the general condition of the environment. In the legal system of Serbia, the Agency for Environmental Protection is obliged to collect environmental information from local government and compile annual reports on the environment that should be presented on the Agency website. This article analyses the information systems of the Serbian Agency for Environmental Protection and the further possibilities of using these. Second, IT can be used as a way of regular communication between government and citizens. In accordance with the principle of transparency, government bodies are obliged to provide an adequate way for the public to have an insight into their work. In addition, the authorized person is responsible for the accuracy of this information and for providing public access within a reasonable timeframe. In this sense, the article analyses the legal framework of e-access to environmental information and the relevant practice of the Commissioner for Information of Public Importance and Personal Data Protection. Third, the application of IT in environmental matters can promote public participation in environmental decision-making. If there were a legal framework, the public would be able to participate in procedures, such as environmental impact assessments, by submitting their opinions as e-documents. This article points out the relations between the application of IT and the level of public awareness about the environment, and the impact these relations have on environmental protection. Points for practitioners The article examines whether there is a possibility of using IT as a means of achieving daily communication between government and citizens in matters of the protection, preservation and improvement of the environment in Serbia, how the application of information technology achieves wider public participation in environmental decision-making, and whether the application of IT can eliminate deficiencies in the assessment of environmental impacts which occur in practice. The article provides an overview of environmental legislation in Serbia, which regulates the possibility of using IT in environmental protection and administrative practice.


The Treaty of Lisbon 2007 made the EU Charter of Fundamental Rights legally binding. Article 42 of the Charter sets out the right of access to documents, and today has the same legal value as the Treaties. The law relating to public access to EU documents is in Council Regulation (EC) 1049/2001. It is directly applicable in all Member States. In 2008 the Commission released a proposal for amending the Regulation but no amendments have yet been made. The Regulation, which is examined in detail in Chapter 11, including its definitions and exceptions, is attractive in its brevity compared with the 2000 Act. Another parallel regime for access to environmental information has been created by Regulation (EC) 1367/2006 applying the Aarhus Convention to the Community Institutions. The chapter also discusses the proposals for reform made by the European Ombudsman and others prompted by recent decisions of the European Court.


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