PROJECT ENVIRONMENTAL APPLICABLE LAW ONLINE PLATFORM
Aarhus Convention
Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters - The Aarhus Convention is the first internationally legally binding instrument in the field of environmental protection, which regulates in detail the participation policy of general or interested and affected public in environmental matters. The main idea of the Aarhus Convention is based on the opening of the decision-making system and co-decision-making, as preconditions for the legitimacy of decision-making procedures.
The Convention, which introduces minimum standards and requirements in the field of access to environmental information, cooperation in environmental decision-making and legal protection in environmental matters, does not prevent States Parties from introducing measures that go beyond the minimum requirements of the Convention. The Convention, which attaches great importance to civil societies, especially non-governmental (environmental) organizations, and attaches special social importance to them, calls on States parties to strengthen the non-governmental sector through awareness-raising and public education in the field of environmental protection.
The Convention expressly prohibits the punishment or prosecution of persons exercising their rights under the Convention. Interactive two-way direct communication between stakeholders or individuals and the competent institutions paves the way for democratic legitimacy.
The Aarhus Convention has been ratified by 47 States Parties. The document also contains (later) protocols (Protocol on Pollutant Release and Transfer Registers) and amendments (Amendment on public participation in decisions on deliberate release into the environment and placing on the market of genetically modified organisms). Not all the signatories to the Aarhus Convention have signed all the protocols and amendments, which must be taken into account when exercising their rights and alleging violations.
Slovenia ratified the Aarhus Convention in 2004. The substance of the Convention has been implemented in the Republic of Slovenia
- in Article 8 of the Constitution of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, No. 33/91-I, 42/97 - UZS68, 66/00 - UZ80, 24/03 - UZ3a, 47, 68, 69/04 - UZ14, 69 / 04 - UZ43, 69/04 - UZ50, 68/06 - UZ121,140,143, 47/13 - UZ148, 47/13 - UZ90,97,99, 75/16 - UZ70a and 92/21 - UZ62a),
- with the Environmental Protection Act (ZVO-1, Official Gazette of the Republic of Slovenia, No. 39/06 - officially consolidated text, 49/06 - ZMetD, 66/06 - US decision, 33/07 - ZPNačrt, 57/08 - ZFO -1A, 70/08, 108/09, 108/09 - ZPNačrt-A, 48/12, 57/12, 92/13, 56/15, 102/15, 30/16, 61/17 - GZ, 21 / 18 - ZNOrg, 84/18 - ZIURKOE and 158/20),
- with the Nature Conservation Act (ZON, Official Gazette of the Republic of Slovenia, No. 96/04 - officially consolidated text, 61/06 - ZDru-1, 8/10 - ZSKZ-B, 46/14, 21/18 - ZNOrg, 31 / 18 and 82/20, ZDIJZ, ZUreP-2),
- with the Spatial Planning Act (ZUreP-2, Official Gazette of the Republic of Slovenia, No. 61/17),
- with the Access to Public Information Act (ZDIJZ, Uradni list RS, no. 51/06 - officially consolidated text, 117/06 - ZDavP-2, 23/14, 50/14, 19/15 - US decision, 102 / 15 and 7/18),
- Resolution on normative activity (Official Gazette of the Republic of Slovenia, No. 95/09).
The Aarhus Convention has three main pillars:
I. Providing access to environmental information,
II. Public participation in decision-making,
III. Access to justice.
The first pillar obliges public authorities to provide all environmental information on request, without the need to demonstrate a legal interest, in the required form (insight, transcript, photocopy, electronic record). The authority may refuse access for a valid reason - if it does not have the information, if it does not have it in the required form, if it is still in the process of creation, if the request is unreasonable, if it is classified information, the disclosure of which would cause damage provided by law or for another reason provided for in national law.
The second pillar, which deals with public participation in environmental decision-making, dictates the earliest possible and timely involvement of the public in decision-making processes, as opportunities are still open and the body must ensure adequate and timely public information. competent decision-making body, access to information, initiation of proceedings, draft decision, possibilities for public participation, time and place of the public hearing, manner and deadline for submitting comments). Effective public participation is based on:
Effective public participation is based on:
- providing an appropriate period of time for the views and suggestions of the interested public to be given,
- promoting public education on environmental matters,
- raising public awareness.
The Convention categorizes public participation in environmental decision-making into:
1. participation of the affected public in concrete procedures for a specific environmental intervention (decision-making procedure). The law of the Republic of Slovenia recognizes this type of participation as participation in the procedures for issuing building permits and the like;
2. participation of the interested public in the preparation and formulation of environmental policies such as environmental plans, programs, strategies, development documents and other similar acts (policy-making process), which in Slovenian practice is known as participation in the national nature or environmental protection program, participation in spatial implementation acts and the like;
3. public participation in the preparation of executive regulations that are directly (rules, orders, decrees, instructions) and indirectly (executive regulations in the field of agriculture and the like) related to the field of environmental protection ("law-making" procedure).
The Aarhus Convention advocates the earliest and most effective involvement of the public in all phases of environmental procedures, as all possibilities are still open at that time, and requires the parties to the Convention to encourage public participation in drafting environmental regulations (Article 8 of the Aarhus Convention).
The third pillar provides for all those who believe that there has been a violation of rights by the authorities, effective judicial protection before a court or other impartial and independent body, governed by the national law of the Member State.
The Convention, which introduces minimum standards and requirements in the field of access to environmental information, cooperation in environmental decision-making and legal protection in environmental matters, does not prevent States Parties from introducing measures that go beyond the minimum requirements of the Convention. The Convention, which attaches great importance to civil societies, especially non-governmental (environmental) organizations, and attaches special social importance to them, calls on States parties to strengthen the non-governmental sector through awareness-raising and public education in the field of environmental protection.
The Convention expressly prohibits the punishment or prosecution of persons exercising their rights under the Convention. Interactive two-way direct communication between stakeholders or individuals and the competent institutions paves the way for democratic legitimacy.
The Aarhus Convention has been ratified by 47 States Parties. The document also contains (later) protocols (Protocol on Pollutant Release and Transfer Registers) and amendments (Amendment on public participation in decisions on deliberate release into the environment and placing on the market of genetically modified organisms). Not all the signatories to the Aarhus Convention have signed all the protocols and amendments, which must be taken into account when exercising their rights and alleging violations.
Slovenia ratified the Aarhus Convention in 2004. The substance of the Convention has been implemented in the Republic of Slovenia
- in Article 8 of the Constitution of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, No. 33/91-I, 42/97 - UZS68, 66/00 - UZ80, 24/03 - UZ3a, 47, 68, 69/04 - UZ14, 69 / 04 - UZ43, 69/04 - UZ50, 68/06 - UZ121,140,143, 47/13 - UZ148, 47/13 - UZ90,97,99, 75/16 - UZ70a and 92/21 - UZ62a),
- with the Environmental Protection Act (ZVO-1, Official Gazette of the Republic of Slovenia, No. 39/06 - officially consolidated text, 49/06 - ZMetD, 66/06 - US decision, 33/07 - ZPNačrt, 57/08 - ZFO -1A, 70/08, 108/09, 108/09 - ZPNačrt-A, 48/12, 57/12, 92/13, 56/15, 102/15, 30/16, 61/17 - GZ, 21 / 18 - ZNOrg, 84/18 - ZIURKOE and 158/20),
- with the Nature Conservation Act (ZON, Official Gazette of the Republic of Slovenia, No. 96/04 - officially consolidated text, 61/06 - ZDru-1, 8/10 - ZSKZ-B, 46/14, 21/18 - ZNOrg, 31 / 18 and 82/20, ZDIJZ, ZUreP-2),
- with the Spatial Planning Act (ZUreP-2, Official Gazette of the Republic of Slovenia, No. 61/17),
- with the Access to Public Information Act (ZDIJZ, Uradni list RS, no. 51/06 - officially consolidated text, 117/06 - ZDavP-2, 23/14, 50/14, 19/15 - US decision, 102 / 15 and 7/18),
- Resolution on normative activity (Official Gazette of the Republic of Slovenia, No. 95/09).
The Aarhus Convention has three main pillars:
I. Providing access to environmental information,
II. Public participation in decision-making,
III. Access to justice.
The first pillar obliges public authorities to provide all environmental information on request, without the need to demonstrate a legal interest, in the required form (insight, transcript, photocopy, electronic record). The authority may refuse access for a valid reason - if it does not have the information, if it does not have it in the required form, if it is still in the process of creation, if the request is unreasonable, if it is classified information, the disclosure of which would cause damage provided by law or for another reason provided for in national law.
The second pillar, which deals with public participation in environmental decision-making, dictates the earliest possible and timely involvement of the public in decision-making processes, as opportunities are still open and the body must ensure adequate and timely public information. competent decision-making body, access to information, initiation of proceedings, draft decision, possibilities for public participation, time and place of the public hearing, manner and deadline for submitting comments). Effective public participation is based on:
Effective public participation is based on:
- providing an appropriate period of time for the views and suggestions of the interested public to be given,
- promoting public education on environmental matters,
- raising public awareness.
The Convention categorizes public participation in environmental decision-making into:
1. participation of the affected public in concrete procedures for a specific environmental intervention (decision-making procedure). The law of the Republic of Slovenia recognizes this type of participation as participation in the procedures for issuing building permits and the like;
2. participation of the interested public in the preparation and formulation of environmental policies such as environmental plans, programs, strategies, development documents and other similar acts (policy-making process), which in Slovenian practice is known as participation in the national nature or environmental protection program, participation in spatial implementation acts and the like;
3. public participation in the preparation of executive regulations that are directly (rules, orders, decrees, instructions) and indirectly (executive regulations in the field of agriculture and the like) related to the field of environmental protection ("law-making" procedure).
The Aarhus Convention advocates the earliest and most effective involvement of the public in all phases of environmental procedures, as all possibilities are still open at that time, and requires the parties to the Convention to encourage public participation in drafting environmental regulations (Article 8 of the Aarhus Convention).
The third pillar provides for all those who believe that there has been a violation of rights by the authorities, effective judicial protection before a court or other impartial and independent body, governed by the national law of the Member State.