PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISION MAKING: EXAMINING THE AARHUS CONVENTION

1999 ◽  
Vol 01 (02) ◽  
pp. 229-244 ◽  
Author(s):  
JUAN R. PALERM

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.

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.


2020 ◽  
Vol 12 (4) ◽  
pp. 1334 ◽  
Author(s):  
Lu Feng ◽  
Qimei Wu ◽  
Weijun Wu ◽  
Wenjie Liao

Public participation in environmental decision-making (EDM) has been broadly discussed. However, few recent studies in English have focused on the participation subject, scope, ways, and procedure in the EDM of developing countries such as China in the worldwide governance transformation. This study aims to provide an overview of public participation in EDM in China, thus elucidating both the legislation and practice of public participation in EDM in China to a broader audience, as such an overview has not yet been provided. At the beginning of this article, we clarify the key definitions of EDM, public participation and the public, and establish an analytical framework for analyzing public participation in EDM in China. We analyze the scope of the public, the participation scope, ways of participating, and participation procedure in EDM in legislation and practice, through document analysis and empirical survey. We then comment on challenges for public participation in EDM in China—including low public participation in EDM, narrow scope of participation, unbalanced ways of participation, and unreasonable participation procedure. In conclusion, we draw wider implications for public participation in EDM in China, arguing for a transformation from a decision-maker-oriented mode to a collaboration mode.


2014 ◽  
Vol 12 (2-3) ◽  
pp. 63-80
Author(s):  
Bogdana Neamtu ◽  
Dacian C. Dragos ◽  
Laura Capraru

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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