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The Aarhus Convention

The EU & the Aarhus Convention: in the EU Member States, in the Community Institutions and Bodies

Legislation

The Decision on conclusion of the Aarhus Convention by the EC was adopted on 17 February 2005 [Decision 2005/370/EC]. The EC is a Party to the Convention since May 2005.

In 2003 two Directives concerning the first and second "pillars" of the Aarhus Convention were adopted; they were to be implemented in the national law of the EU Member States by 14 February and 25 June 2005 respectively:

Provisions for public participation in environmental decision-making are furthermore to be found in a number of other environmental directives, such as Directive 2001/42/EC of 27 June 2001 on the assessment of certain plans and programmes on the environment (see also the "environmental assessment" homepage) and Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy (see also the "Water Framework Directive" homepage).

Both Directives 2003/4 and 2003/35 contain provisions on access to justice.

Regulation (EC) N° 1367/2006 of the European Parliament and of the Council 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 (OJ L 264, 25.9.2006, p.13) entered into force on 28 September 2006 and into application on 17 July 2007.

The "Aarhus Regulation" covers not only the institutions, but also bodies, offices or agencies established by, or on the basis of the EC Treaty. They now need to adapt their internal procedures and practice to the provisions of the Regulation. The Aarhus Regulation addresses the "three pillars" of the Aarhus Convention - access to information, public participation and access to justice in environmental matters - where those are of relevance to EU institutions and bodies and lays down related requirements.

Regarding access to environmental information, the Aarhus Regulation extends Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents to all Community institutions and bodies. The Aarhus Regulation furthermore requires those institutions and bodies to provide for public participation in the preparation, modification or review of "plans and programmes relating to the environment". The Aarhus Regulation also enables environmental NGOs meeting certain criteria to request an internal review under environmental law of acts adopted, or omissions, by Community institutions and bodies.

 

Commission Notice on Access to Justice in Environmental Matters

The European Commission adopted a Notice on Access to Justice in Environmental Matters English français Deutsch on the 28 of April 2017. The notice is a guidance document that clarifies how individuals and their associations can challenge decicions, acts and omissions by public authorities related to EU environmental law before national courts.

The notice is based on decisions of the Court of Justice on how national courts should address questions of access to justice related to EU environmental legislation. The scope is limited to access to justice in relation to decisions, acts and omissions by public authorities of the Member States. It does not address environmental litigation between private parties. Nor does it concern the judicial review of acts of the EU institutions.

More information: