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The Aarhus Convention at Ten: Interactions and Tensions between Conventional International Law and EU Environmental Law

Edited by: Marc Pallemaerts

ISBN13: 9789089520487
Published: June 2011
Publisher: Europa Law Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: £77.00



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On 30 October 2011, it will be exactly ten years ago that the Convention on Access to information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed by representatives of 35 States and the European Community at a pan-European ministerial conference in the Danish city of Aarhus in 1998, entered into force. This multilateral treaty, negotiated under the auspices of the UN Economic Commission for Europe, represents the most comprehensive and ambitious effort to establish international legal standards in the field of citizens’ environmental rights to date. Though some of these standards were inspired by earlier EU environmental legislation, many provisions of the Aarhus Convention went beyond the rights already guaranteed by the EU and compelled the European Commission to propose new legislative acts, most of which were adopted between 2003 and 2006, to bring EU environmental law up to the Convention’s standards. Since its adoption over a decade ago, the Aarhus Convention, which now has 44 Contracting Parties in Europe, Central Asia and the Caucasus region, has had a considerable impact on national systems of environmental law and administrative practices in many countries of Europe and beyond, as well as on the law and institutions of the European Union and even in other international organisations and fora.

The contributions assembled in this book focus on various aspects of the relationship between the provisions of the Convention and the development of EU environmental law. They discuss the new legislative acts and amendments to existing legislation adopted by the EU institutions since 2003 in order to implement the Aarhus Convention, on such matters as access to environmental information and public participation as well as access to justice in respect of environmental impact assessment, strategic environmental assessment and integrated pollution prevention and control in EU Member States. The relevant legislation also includes a regulation organising the application of the procedural rights guaranteed by the Aarhus Convention at the level of EU institutions and bodies. Other contributions address tensions that have arisen between normative developments within the framework of the Aarhus Convention and the internal legislation and policies of the EU. These concern contentious issues such as general access to justice in environmental matters – for which the Commission unsuccessfully proposed legislation to guarantee a minimum level of access to review procedures for environmental groups in the Member States – and judicial review by EU courts of acts and omissions of EU institutions. Another area of tension discussed in this volume concerns public participation in product-related regulatory decisions with respect to genetically modified organisms and chemicals. Together, the various contributions to this volume address synergies and conflicts across the three ‘pillars’ of the Aarhus Convention and examine the broader legal and institutional implications of these interactions for the development of both EU law and international environmental law.

Subjects:
Environmental Law
Contents:
Abbreviations
Contributors
Introduction
Marc Pallemaerts
Chapter 1. Economy, Ecology and Environmental Democracy
Francesco La Camera
Chapter 2. EU Enlargement, Neighbourhood Policy and Environmental Democracy
Stephen Stec
Chapter 3. Access to Environmental Information. The Reciprocal Influences of EU Law and the Aarhus Convention
Ralph Hallo
Chapter 4. From a General Right of Access to Environmental Information in the Aarhus Convention to a General Right of Access to All Information in Official Documents. The Council of Europe’s Tromsø Convention
Frankie Schram
Chapter 5. Public Participation in Environmental Decision-Making. Interactions Between the Convention and EU Law and Other Key Legal Issues in its Implementation in the Light of the Opinions of the Aarhus Convention Compliance Committee
Jerzy Jendroka
Chapter 6. EU Rules on Public Participation in Environmental Decision-Making Operating at the European and National Levels
Daniela Obradovic
Chapter 7. Aarhus to Helsinki: Participation in Environmental Decision-Making on Chemicals
Veerle Heyvaert
Chapter 8. Shaping Transnational Public Participation Norms in the Field of Modern Biotechnology. Time for a Global Good Governance Approach?
Mihail Kritikos
Chapter 9. Access to Justice at the National Level. Impact of the Aarhus Convention and European Union Law
Jonas Ebbesson
Chapter 10. Access to Environmental Justice at EU Level. Has the ‘Aarhus Regulation’ Improved the Situation?
Marc Pallemaerts
Chapter 11. Access to Environmental Justice. A United Kingdom Perspective
Richard Macrory & Ned Westaway
Chapter 12. Implementation of the Aarhus Convention in Belgium: Some Elements
Michel Delnoy
Chapter 13. Locus Standi for Environmental NGOs in Germany: The (Non-)implementation of the Aarhus Convention by the Umweltrechtsbehelfsgesetz. Some Critical Remarks
Gerhard Roller
Chapter 14. The Interplay between EU Law and International Law Procedures in Controlling Compliance with the Aarhus Convention by EU Member States
Attila Tanzi & Cesare Pitea
Chapter 15. The Future of the Aarhus Convention. Perspectives Arising from the Third Session of the Meeting of the Parties
Jeremy Wates
Bibliography