scholarly journals Citizen Sensing from a Legal Standpoint: Legitimizing the Practice under the Aarhus Framework

2021 ◽  
Vol 18 (1-2) ◽  
pp. 8-38
Author(s):  
Anna Berti Suman
Keyword(s):  
Decision Making ◽  
Environmental Monitoring ◽  
Environmental Risk ◽  
Environmental Law ◽  
Environmental Information ◽  
Risk Governance ◽  
Legal Basis ◽  
Environmental Rights ◽  
Aarhus Convention ◽  
Citizen Sensing

Abstract ‘Citizen sensing’, grassroots-driven environmental monitoring, could revolutionize environmental risk governance and decision-making. Yet, citizen sensing is far from being accepted by governmental authorities. This contribution explores the environmental law doctrine and legislation for a possible legal basis on which the ‘sensing citizens’ could perform their actions. I argue that the practice, by nature, voices the citizen’s claims to have access to (accurate) environmental information. I defend that citizen sensing is a legitimate manifestation of ‘rights in action’ that can enhance the respect of human environmental rights and promote their enforcement. This study demonstrates how, from the Aarhus Convention framework, an obligation for competent authorities to ‘listen’ to the sensing citizens might even be constructed in case of institutional informational gaps and failures.

4. Public Law

2019 ◽  
pp. 94-127
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
Decision Making ◽  
Constitutional Law ◽  
Environmental Law ◽  
Administrative Law ◽  
Public Law ◽  
Decision Makers ◽  
Aarhus Convention ◽  
Constituent Elements ◽  
Public Decision

This chapter explains the important role that public law, particularly administrative law, plays in environmental law. This role comes about because much of environmental law requires vesting decision-making and regulatory power in the hands of public decision-makers at all levels of government. This chapter begins by providing an overview of the different constituent elements of public law: constitutional law, administrative law, the role of the EU and international law, as well the complexities of this area of law. The chapter then moves on to consider the way in which the different types of interests involved in environmental problems and the need for information and expertise provide challenges for public law. The chapter then provides an overview of four major features of public law that are particularly relevant to environmental lawyers: the Aarhus Convention, accountability mechanisms, judicial review, and human rights.

scholarly journals The democratisation of European nature governance 1992–2015: introducing the comparative nature governance index

2021 ◽  
Author(s):  
Suzanne Kingston ◽  
Zizhen Wang ◽  
Edwin Alblas ◽  
Micheál Callaghan ◽  
Julie Foulon ◽  
...  
Keyword(s):  
Decision Making ◽  
Environmental Governance ◽  
Environmental Law ◽  
Eu Law ◽  
Public Authorities ◽  
Member States ◽  
Eu Member States ◽  
Aarhus Convention ◽  
Over Time ◽  
The Eu

AbstractEuropean environmental governance has radically transformed over the past two decades. While traditionally enforcement of environmental law has been the responsibility of public authorities (public authorities of the EU Member States, themselves policed by the European Commission), this paradigm has now taken a democratic turn. Led by changes in international environmental law and in particular the UNECE Aarhus Convention (UNECE, United Nations Economic Commission for Europe Convention (1998). Convention on access to information, public participation in decision-making and Access to Justice in Environmental Matters (the Aarhus Convention), signed on June 25, 1998.), EU law now gives important legal rights to members of the public and environmental non-governmental organisations (“ENGOs”) to become involved in environmental governance, by means of accessing environmental information, participating in environmental decision-making and bringing legal proceedings. While doctrinal legal and regulatory scholarship on this embrace of “bottom-up” private environmental governance is now substantial, there has been relatively little quantitative research in the field. This article represents a first step in mapping this evolution of environmental governance laws in the EU. We employ a leximetrics methodology, coding over 6000 environmental governance laws from three levels of legal sources (international, EU and national), to provide the first systematic data showing the transformation of European environmental governance regimes. We develop the Nature Governance Index (“NGI”) to measure how the enforcement tools deployed in international, EU and national law have changed over time, from the birth of the EU’s flagship nature conservation law, the 1992 Habitats Directive (Directive 92/43/EEC). At the national level, we focus on three EU Member States (France, Ireland and the Netherlands) to enable a fine-grained measurement of the changes in national nature governance laws over time. This article introduces our unique datasets and the NGI, describes the process used to collect the datasets and its limitations, and compares the evolution in laws at the international, EU and national levels over the 23-year period from 1992–2015. Our findings provide strong empirical confirmation of the democratic turn in European environmental governance, while revealing the significant divergences between legal systems that remain absent express harmonisation of the Aarhus Convention’s principles in EU law. Our data also set the foundations for future quantitative legal research, enabling deeper analysis of the relationships between the different levels of multilevel environmental governance.

Proceduralisation and the Aarhus Convention

2002 ◽  
Vol 4 (2) ◽  
pp. 101-116 ◽  
Author(s):  
Kate Getliffe
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Theory ◽  
Environmental Law ◽  
Problem Definition ◽  
Environmental Concerns ◽  
Decision Making Process ◽  
The Public ◽  
Legal Evolution ◽  
Aarhus Convention

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.

“Unlocking Legal Gridlock in High-Income Countries: How Excessive Litigation Hampers Growth and Harms Democracy”

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Christian Rasquin
Keyword(s):  
Decision Making ◽  
Interest Groups ◽  
Environmental Law ◽  
High Standard ◽  
Standard Of Living ◽  
Access To Justice ◽  
Access To Information ◽  
European Law ◽  
Public And Private ◽  
Aarhus Convention

Abstract The paper focuses on rules of standing in the context of environmental law. With the implementation of the Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters (Aarhus Convention) in European law, interest groups have become major players in the enforcement of environmental regulations. Although such interest groups can help to reduce enforcement deficits, their involvements create the risk of regulatory gridlock, with excessive litigation lengthening approval processes which can discourage investment in public and private infrastructure. The paper discusses the implementation of the Aarhus Convention in Germany, highlights ways to overcome administrative gridlock and facilitate effective approval procedures. If implemented, these strategies will enable Germany’s economy to remain competitive, supporting the maintenance of the country’s high standard of living and strong welfare state.

Article 9.2 of the Aarhus Convention and eu Law

2014 ◽  
Vol 11 (4) ◽  
pp. 367-391 ◽  
Author(s):  
Jan Darpö
Keyword(s):  
Decision Making ◽  
Environmental Law ◽  
Access To Justice ◽  
Environmental Decision Making ◽  
Aarhus Convention ◽  
Key Issues ◽  
Important Means ◽  
Judicial Protection ◽  
Environmental Decision

One important means for the implementation of the third pillar of the Aarhus Convention into eu law is the provisions on access to justice in the eia Directive (2011/92). The case-law of the cjeu on those provisions has developed rapidly in the last couple of years. This body of cases has given the concept “access to justice in environmental decision-making” a new meaning and improved the understanding of the requirement for judicial protection under eu environmental law. The aim of this article is to highlight this development and discuss a couple of key issues on access to justice. First, the relationship between “direct effect” and the individuals “rights” and the principles of effectiveness and judicial protection according to eu law is analysed. Thereafter, the meaning of “substantive and procedural legality” and the distinction between general and personal interests in relation to individual’s standing are discussed. The next issue concerns the role of environmental non-governmental organisations. Finally, the concept “courts or tribunals” in environmental decision-making procedures is considered.

The Aarhus Convention: A Basis for Reforming the Legislation on Access to Environmental Information in Kazakhstan

2007 ◽  
Vol 4 (4) ◽  
pp. 289-295
Author(s):  
Vadim Ni
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
Driving Force ◽  
Environmental Information ◽  
Public Access ◽  
Access To Justice ◽  
Legal Requirements ◽  
New Approaches ◽  
Economic Commission ◽  
Aarhus Convention

AbstractThis article describes the prerequisites, stages and outcomes of the reform of legislation on public access to environmental information in Kazakhstan, where the Convention of the UN Economic Commission for Europe on Access to Environmental Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention, or Convention)1 has served as a driving force in this process. New approaches and legal requirements on access to environmental information have been embodied in the Environmental Code2 and the new Law on the Procedure for Review of Appeals from Natural and Legal Persons (Law on appeals)3.

The application of information technology and environmental protection

2012 ◽  
Vol 78 (4) ◽  
pp. 692-709
Author(s):  
Mirjana Drenovak Ivanović
Keyword(s):  
Decision Making ◽  
Information Technology ◽  
Public Participation ◽  
Environmental Protection ◽  
Legal Framework ◽  
Environmental Information ◽  
Public Access ◽  
The Public ◽  
Environmental Decision Making ◽  
Aarhus Convention

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.

scholarly journals The accessibility of data on environmental risk assessment of pharmaceuticals: Is the marketing authorisation procedure in conflict with the international right of access to environmental information?

2019 ◽  
Vol 31 (1) ◽  
Author(s):  
Kim Oelkers ◽  
Carolin Floeter
Keyword(s):  
Risk Assessment ◽  
Environmental Risk ◽  
Environmental Risk Assessment ◽  
Marketing Authorisation ◽  
Environmental Information ◽  
The Public ◽  
Accessible Information ◽  
Aarhus Convention ◽  
Information Law ◽  
Right Of Access

Abstract Background For a large part of the active pharmaceutical ingredients (APIs) available on the market, there is no or no comprehensive environmental risk assessment (ERA) existent/available. Existing ERAs are, moreover, treated as commercially/industrial confidential information (CCI) and the information content on the ERAs contained in the Public Assessment Reports is very limited. Thus, neither the public can inform itself sufficient nor environmental authorities can use the ERAs to compile environmental quality standards. Environmental information law, on the other hand, requires the general accessibility of environmental information. Against this background, this investigation examines the following questions in conformity with the environmental information law: Which environmental information on pharmaceuticals is generated in the marketing authorisation? Which of the environmental information generated in the marketing authorisation is available to the public? Does the environmental information on pharmaceuticals concern CCI? Results According to international and European environmental information law, there is in principal a right of access to the ERAs of pharmaceuticals (environmental information according to Art. 2(3)(b) Aarhus Convention), which is ineffective due to product-based data and allegedly conflicting CCI. The practised blanket classification of CCI by the marketing authorisation holders is in conflict with the principle of transparency of environmental information law. In any case, the outcomes of the ERA (in particular the ecotoxicity endpoints) may not be classified as CCI. Furthermore, the publicly accessible information in the format of the Public Assessment Report does not sufficiently reflect the information from ERAs and thus does not fulfil the mandate of active access to information (Art. 5 Aarhus Convention). The conflict between the actual accessibility of environmental information on pharmaceuticals and the requirements of environmental information law could be resolved through an API-based publicly accessible database with the outcomes of the ERAs (including all underlying ecotoxicity endpoints). To fulfil the right of access to environmental information effectively, the database also needs to be extended to “old” APIs for which environmental risk assessments have not yet been carried out. This would be the basis for prioritisation of API and establishing a monograph system. Conclusion The environmental information law requires an improved accessibility of ERAs that could be achieved through an API-based publicly accessible database.

9. Public participation

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
Environmental Law ◽  
Environmental Information ◽  
Exact Nature ◽  
Environmental Decision Making ◽  
Law And Policy ◽  
The Uk ◽  
Environmental Decision

This chapter deals with public participation in environmental law and policy. Over recent years, there have been significant moves towards increasing both the quantity and quality of public participation in many different areas of environmental decision-making. The exact nature of public participation can take many forms, but the chapter concentrates on access to information on the environment and public participation in environmental decision-making. It also looks at some of the reasons for giving greater access to environmental information; the types of environmental information that are available; the use of environmental information as a regulatory instrument; international and European initiatives; and past, present, and future approaches to access to environmental information in the UK.

Transnational Access to Environmental Information

2012 ◽  
Vol 1 (1) ◽  
pp. 95-104 ◽  
Author(s):  
Ludwig Krämer
Keyword(s):  
Decision Making ◽  
Environmental Information ◽  
Access To Justice ◽  
Access To Information ◽  
Legal Provisions ◽  
Aarhus Convention ◽  
Clean Environment ◽  
Scope Of Application ◽  
Procedural Rights ◽  
Right Of Access

AbstractThis paper traces back the efforts, in particular in Europe, to promote transnational legal provisions which grant a right of access to environmental information. Initiatives in the 1970s failed to establish a fundamental right to a clean environment. However, the establishment of fundamental procedural rights of access to information, participation in decision-making and access to justice in environmental matters has been more successful – culminating in the 1998 Aarhus Convention. This paper describes the – until now unsuccessful – attempts to extend the territorial scope of application of the Aarhus Convention to non-European countries and regions, and ultimately the conclusion of a global convention on access to environmental information.

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