The Aarhus Convention in operation: EEB Survey Initial Results

elni Review ◽  
2007 ◽  
pp. 2-4
Author(s):  
Ralph Hallo
Keyword(s):  
Public Participation ◽  
Access To Justice ◽  
Initial Experience ◽  
Access To Information ◽  
The European Union ◽  
The Public ◽  
Eu Member States ◽  
Aarhus Convention ◽  
Initial Results ◽  
The Eu

The Aarhus Convention is generally recognised as the most important international legal instrument in the field of environmental rights. All 27 EU Member States (with the exception of Slovakia) and the European Union have signed the Convention and all of these signatories (except Ireland) have now ratified the Convention. The Convention is generally described as having three pillars: access to information, public participation and access to justice. The EU prepared for ratification by adopting two directives and proposing a third, one for each of the three pillars (collectively, ‘the EU’s Aarhus Convention directives’). The EEB (the European Environmental Bureau) has been actively involved, over many years, in efforts to develop and use the Aarhus Convention. Two years after the deadline for transposition of the Information Directive and a year and a half after the deadline for transposition of the Public Participation Directive, the EEB determined that the time was right to launch an investigation into the initial experience with the implementation and use of the two directives. The EEB also wished to examine experiences with access to justice and the need for the currently stalled proposal.

Public participation in decisions on specific activities in environmental matters in Croatia

elni Review ◽  
2012 ◽  
pp. 13-19
Author(s):  
Lana Ofak
Keyword(s):  
Public Participation ◽  
Positive Outcome ◽  
Legal Framework ◽  
Access To Justice ◽  
The European Union ◽  
Eu Member States ◽  
Aarhus Convention ◽  
Specific Activities ◽  
The Right ◽  
The Eu

Croatia finished accession negotiations with the EU in June 2011. The Accession Treaty was signed on 9 December 2011. The EU accession referendum in Croatia was held in January 2012 with a positive outcome. 66.27% of Croatian citizens voted in favour of Croatian accession to the European Union and 33.13% of votes were against the accession. Following ratification of the Accession Treaty by the 27 EU member states, accession of Croatia to the EU is expected to take place on 1 July 2013. In the 2011 Progress Report, European Commission stated that there has been progress in the area of environment. Overall, Croatia’s environmentorientated preparations are nearing completion in terms of both alignment and implementation of the relevant legislation. However, implementation of the horizontal acquis, and in particular effective public participation and access to justice in environmental matters, need to be improved. The purpose of this article is twofold. Firstly, it provides a general overview of the legal framework for public participation in decisions on specific activities in Croatia, which is intended to implement provisions of Art. 6 of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter: the Aarhus Convention or Convention). Implementation of Art. 7 and 8 of the Aarhus Convention are not discussed. Secondly, specific problems in exercising the right to participate in environmental impact assessment procedures in Croatia are analysed. It is shown that there are cases of non-compliance with the provisions of Art. 6 of the Aarhus Convention.

scholarly journals Digital citizens’ participation right in defense of the environment

2021 ◽  
pp. 326-339
Author(s):  
Maria Ortiz
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
Access To Justice ◽  
Access To Information ◽  
The European Union ◽  
United Nations Economic Commission ◽  
National Regulation ◽  
Aarhus Convention ◽  
Participation In Decision Making ◽  
The Right

The Aarhus Convention of June 25, 1998, of the United Nations Economic Commission for Europe on access to information, public participation in decision-making and access to justice in environmental matters, introduced the commitment of each signing State to ensure, within the framework of its national regulation, that citizens could suit and appeal any decision, or any action or omission that falls within the scope of public participation regarding issues on environmental matters. Hence, citizens are entitled to appeal administratively and judicially against public environmental decisions if they invoke a legal infringement in relation to this issue. Access to justice for violation of the rights of public participation are set out in the same terms on Regulation (EU) number 1367/2006, of September 6, relating to the application, to the institutions and community bodies, of the provisions of the Aarhus Convention on access to information, public participation in decision-making and access to justice on environmental matters. Although the right of access is quite broad, it is not exempt from exceptions, such as those indicated on the Directive 2003/4/EC of the European Parliament and of the Council, of January 28, on public access to environmental information, which has recently been interpreted by the Court of Justice of the European Union on the Judgement (First Chamber) of January 20, 2021 in the Land Baden-Württemberg case (Communications internes). However, all this is not useful if citizens are not granted with the possibility of accessing to control judicially administrative decisions that do not comply with environmental policies with the same extension, because the opportunity for any citizen to be entitled to effectively control these actions is being excluded. This paper aims to analyze the extent of the right of citizens to participate digitally in public decision-making of an environmental nature, and determine if such right is consistent with the possibilities of access to justice in this matter, since only through judicially control of the administrative decisions it is possible to make the participation right effective.

Enforcing Non-Discrimination in Transboundary Environmental Impact Assessment: Advantages for EU Citizens from the Transposition of the Espoo and Aarhus Conventions?

2009 ◽  
Vol 6 (4) ◽  
pp. 437-460
Author(s):  
Simon Marsden
Keyword(s):  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Access To Justice ◽  
Access To Information ◽  
The Public ◽  
Eu Membership ◽  
The Relationship ◽  
The Eu

AbstractThis article examines the relationship between international and European law with respect to transboundary environmental impact assessment (TEIA), which under the UNECE Convention on Environmental Impact Assessment in a Transboundary Context (Espoo) applies requirements for EIA to the relationship between states known as 'Parties of origin' and 'affected Parties'. Information is shared and participation in the Party of origin procedure by the public in affected as well as origin states is required (non-discrimination); these provisions are enhanced under the related Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus), which also contains provisions enabling enforcement. The purpose is to analyse whether EU citizens have greater opportunities to enforce these rights than citizens of state Parties to the two treaties that are not members of the EU. Procedure and practice under the transposing directives on EIA and public participation is examined, and conclusions are drawn that although to a large extent EU membership is advantageous to EU citizens involved with TEIA, certain constraints concerning public participation and access to justice remain.

Access to documents: Interaction and gaps in the REACH and Aarhus Convention systems

elni Review ◽  
2011 ◽  
pp. 15-20
Author(s):  
Vito Buonsante
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
European Parliament ◽  
Official Journal ◽  
Access To Justice ◽  
Access To Information ◽  
Community Institutions ◽  
Aarhus Convention ◽  
Access To Documents ◽  
The Eu

Regulation (EC) 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) was published in the Official Journal on 30 December 2006 and came into force on 1 June 2007. Regulation (EC) 1367/2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community Institutions and Bodies entered into force on 28 September 2006 and became applicable on 28 June 2007. This article discusses the gaps in REACH in relation to the Aarhus Regulation, and the obligations for ECHA that derive from the application of REACH and from the fact that the EU is a party to the Aarhus Convention. The article also carries out a partial assessment of the work conducted by ECHA on access to and dissemination of environmental information.

scholarly journals IMPLEMENTING PRINCIPLE 10 OF THE 1992 RIO DECLARATION: A COMPARATIVE STUDY OF THE AARHUS CONVENTION 1998 AND THE ESCAZÚ AGREEMENT 2018

2019 ◽  
Vol 2 (55) ◽  
pp. 1
Author(s):  
Sidney GUERRA ◽  
Giulia PAROLA
Keyword(s):  
Latin America ◽  
Public Participation ◽  
Latin American ◽  
Access To Justice ◽  
Access To Information ◽  
Environmental Rights ◽  
Healthy Environment ◽  
Aarhus Convention ◽  
The Caribbean ◽  
America Latina

ABSTRACTTwenty years after the signature of the UNECE  Convention  on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, (the Aarhus Convention, 1998) on March 4, 2018 –and after six years of negotiations-,twenty-four countries in Latin American and the Caribbean adopted the Escazú Convention, the first ever legally binding treaty on environmental rights in the Region. The Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, once ratified by the signatories, will affect the constitutions and the legislations in Latin America and the Caribbean in environmental matters, serving as a framework to increase the level of the protection on environmental participatory rights in the region. The objective of this article is to give an overview of both treaties. Part I will briefly outline the context and the negotiating process of the two texts. Then, Part II will consist of a comparative analysis, that will scrutinise the structure of the treaties, the notion of democracy and the substantive right to a healthy environment. Finally, the Part III will compare the three pillars recognised in both documents and underline the similarities, the differences between the three pillars, and the steps forwards for Environmental Rights in Latin America and the Caribbean. KEYWORDS: Right to access; Aarhus Convention; Escazú Agreement; Environmental Democracy; Latin America and Caribbean. RESUMOVinte anos após a assinatura da Convenção sobre Acesso à Informação, Participação no Processo de Tomada de Decisão e Acesso à Justiça em Matéria de Ambiente UN/ECE (Convenção de Aarhus, 1998) e após seis anos de negociações, vinte e quatro países da América Latina e do Caribe adotaram a Convenção Escazú, o primeiro tratado juridicamente vinculante sobre direito ambiental na Região. O Acordo Regional sobre Acesso à Informação, Participação Pública e Justiça em Matéria de Ambiente na América Latina e no Caribe, uma vez ratificado, produzira efeitos na ordem jurídica interna dos Estados partes em matéria ambiental e servirá para aumentar o nível de proteção dos direitos de participação ambiental na região. O objetivo deste artigo é fornecer uma visão geral de ambos os tratados. A parte I delineará brevemente o contexto e o processo de negociação dos dois textos. A Parte II consistirá numa análise comparativa que examinará a estrutura dos tratados, a noção de democracia e o direito substantivo a um ambiente saudável. Por fim, a Parte III se destina a comparar os três pilares reconhecidos em ambos os documentos e sublinhar as semelhanças, as diferenças entre os três pilares e os passos a serem tomados para o Direito Ambiental na América Latina e no Caribe. PALAVRAS-CHAVE: Acesso à justiça; Convenção de Aarhus; Acordo de Escazú; Democracia Ambiental; América Latina e Caribe

scholarly journals The Notion of the European Union Trademark

2019 ◽  
Vol 8 (1) ◽  
pp. 21-31
Author(s):  
Jarmila Lazíková
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The European Union ◽  
Distinctive Character ◽  
Trademark Law ◽  
The Public ◽  
Eu Member States ◽  
Goods And Services ◽  
Court Of Justice ◽  
The Eu

AbstractThe EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

Limits of NGO Rights to Invoke Access to Justice under the Aarhus Convention

2015 ◽  
Vol 6 (3) ◽  
pp. 458-469 ◽  
Author(s):  
Gérardine Garçon
Keyword(s):  
Crop Protection ◽  
Access To Justice ◽  
The European Union ◽  
International Treaties ◽  
Public Authorities ◽  
The Public ◽  
Aarhus Convention ◽  
Maximum Residue Levels ◽  
Judicial Procedures ◽  
The Impact

Joined Cases C-404/12P and C-405/12PThe Aarhus Convention was concluded in order to strengthen the rights of the public on access to information, public participation in decision-making and access to justice in environmental matters. The Convention provides that members of the public shall have access to administrative or judicial procedures to challenge measures by private persons and public authorities that contravene provisions of national law relating to the environment. At EU level, a regulation made the Aarhus Convention applicable to EU institutions. Pursuant to that regulation, review of measures adopted by EU institutions is limited to administrative acts. Two NGOs challenged the legality of that limitation and filed legal action. The case was related to the establishment of EU maximum residue levels for active substances contained in crop protection products. The Commission refused to review this measure which it considered to be no administrative act. The Court of Justice of the European Union has recently given its judgment in that case. The impact of the judgment goes beyond the crop protection sector as it concerns the scope of the internal review concept in general. Further, but not less important, the Court has clarified to which extent international treaties concluded by the EU can be relied upon by individuals.

Direct Public Access to EU Courts: Upholding Public International Law via the Aarhus Convention Compliance Committee

2012 ◽  
Vol 81 (2) ◽  
pp. 175-204 ◽  
Author(s):  
Simon Marsden
Keyword(s):  
International Law ◽  
Public Access ◽  
State Courts ◽  
Direct Access ◽  
Access To Justice ◽  
The European Union ◽  
Public International Law ◽  
Aarhus Convention ◽  
The Relationship ◽  
The Eu

This article examines the opportunities for individuals and non-governmental organisations (NGOs) to obtain access to justice in the European Union (EU) via international law. In the context of the first part of a concluded case before the Aarhus Convention Compliance Committee (ACCC), it reviews the EU rules that restrict standing and examines whether the preliminary reference procedure from Member State courts provides an effective alternative to direct access to EU courts. Based on the general findings and recommendations, and analysis of the relationship between international and EU law, it is argued that there remains a need for greater EU compliance with the Convention, with the implication that EU primary as well as secondary law may need to be reformed if public international law obligations are to be fully met.

scholarly journals Differentiated Support of the EU Enlargement in the Public Opinion: A Multivariate LISREL Analysis

Geografie ◽  
2007 ◽  
Vol 112 (1) ◽  
pp. 1-16
Author(s):  
Veronika Tománková
Keyword(s):  
Public Opinion ◽  
Eu Enlargement ◽  
Structural Equations ◽  
The European Union ◽  
Multivariate Statistical ◽  
Member States ◽  
The Public ◽  
Eu Member States ◽  
The Eu ◽  
Clear Support

This paper provides an analysis of the public opinion in the EU countries concerning further enlargement. Public opinion plays an important role in the current integration processes and is an integral part of the research concerning the European Union. The differentiation in the support for the EU enlargement across 25 countries can be explained by the multivariate LISREL (linear structural equations) analysis that makes possible to identify a causal system through the explanatory model. The model includes structural and public opinion variables in the set of the twenty-five EU member states. Multivariate statistical analysis shows a low public opinion support for the EU enlargement in rich states and, on the other hand, a clear support in a group of post-communist member states.

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