Public Participation in Environmental Decision-Making, Plan-Making and Executive Regulations—Articles 6, 7 and 8 of the Aarhus Convention

2015 ◽  
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
Environmental Decision Making ◽  
Aarhus Convention ◽  
Plan Making ◽  
Environmental Decision

PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISION MAKING: EXAMINING THE AARHUS CONVENTION

1999 ◽  
Vol 01 (02) ◽  
pp. 229-244 ◽  
Author(s):  
JUAN R. PALERM
Keyword(s):  
Decision Making ◽  
Conflict Management ◽  
Public Participation ◽  
Communicative Action ◽  
Communication Process ◽  
The Public ◽  
Environmental Decision Making ◽  
Aarhus Convention ◽  
Management Procedures ◽  
Environmental Decision

After reviewing the development of public participation in environmental decision making, empirical/theoretical principles for public participation are proposed, based on Habermas's theory of communicative action. These principles are used to assess the Aarhus convention (AC), as well as the implications of the AC for the interpretation of EIA directive 85/337/EEC (amended by directive 97/11/EC) and the proposed directive on SEA.The results show that the AC falls short of the proposed principles in four fundamental aspects: (1) its need to ensure the participation of cognitively and lingually non-competent actors; (2) the need to have a two-way communication process; (3) the need to ensure normative and subjective claims are adequately recognised; and (4) the need to establish conflict management procedures. As well, the results show that the AC will set stricter standards for the interpretation of the public participation provisions in both the EIA directive and the proposed SEA directive.

Public Participation in Environmental Decision Making in Romania

2014 ◽  
Vol 12 (2-3) ◽  
pp. 63-80
Author(s):  
Bogdana Neamtu ◽  
Dacian C. Dragos ◽  
Laura Capraru
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
Crucial Role ◽  
Legal Framework ◽  
Public Authorities ◽  
Environmental Decision Making ◽  
Aarhus Convention ◽  
Proactive Role ◽  
Environmental Decision

This article researches the manner in which the participation pillar from the Aarhus Convention was transposed into Romanian legislation and how its provisions were applied to a highly controversial case. Thus, the paper will firstly address the general legal framework concerning participation in environmental matters as well as the challenges for the implementation of Aarhus Convention, followed by requirements for effective participation and NGOs involvement in the process. The main conclusion drawn is that public participation is generally seen only as a bureaucratic requirement that both authorities and the developer must meet before the project is adopted. In this context, the NGOs play a crucial role by acting as a real watchdog in identifying deficiencies in the application of the Convention. In order for enhancing implementation the authors emphasize the more proactive role that public authorities should have both with regard to the quality of environmental reports and with applying sanctions coupled with a stronger cooperation with the NGOs in the field.     

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