Aarhus Convention and Community Law: the Interplay

Jendrośka, Jerzy

doi:10.1163/187601005x00570

Cited by 8 publications

(2 citation statements)

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“…The Aarhus Convention echoes the importance of early and meaningful public participation by mandating ''reasonable time-frames'' to inform the public and to allow for a response, at a time when ''all options are possible'' and participation can be ''effective,'' and that responsible authorities should ''take the views'' expressed by the public ''in due account.'' 8,[38][39][40][41][42] The Aarhus Convention sets these obligations most stringently for decision making on a project level where specific policy solutions are being implemented, such as giving the authorization to build a wind park. 43 Importantly, however, such decisions are preceded by macro-policy levels, namely policy visions, plans, and programs that establish, for example, suitable locations for renewable energy siting.…”

Section: Unveiling the Chain Of Public Participationmentioning

confidence: 99%

Public Participation in Climate Policy Making: Toward Reconciling Public Preferences and Legal Frameworks

Perlaviciute

Squintani

2020

One Earth

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Climate policies require public support. But if people feel excluded from decision making, this can fuel resistance to such policies. Legal frameworks, such as the Aarhus Convention, mandate extensive obligations to engage the public in decision making on local projects, such as renewable energy siting. But such frameworks often overlook the macro-level decisions that affect local projects. Public influence at a project level may be limited by such macro-level decisions. A solution could be to engage the public earlier in the decision-making chain. But is this what people want? In this Perspective, we present a survey in the Netherlands (n = 1,121) that revealed that people want to participate most in decision making on local projects-exactly where their influence is most limited due to legal constraints. We propose a cross-disciplinary research agenda for studying how to reconcile legal frameworks and public preferences for participation to reach socially acceptable climate policies. ll

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Section: Unveiling the Chain Of Public Participationmentioning

confidence: 99%

Public Participation in Climate Policy Making: Toward Reconciling Public Preferences and Legal Frameworks

Perlaviciute

Squintani

2020

One Earth

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“…The EU incorporated the Convention's requirements into Directive 2003/4/EC, addressing public access to environmental information. The Directive provides a broader definition of “environmental information” than the Aarhus Convention and therefore broadens the scope of the information to which the public has access; it also limits the ability of governments to treat environmental information as confidential (Jendrośky, 2005). Pursuant to this Directive, member states must ensure that government authorities provide the public with any environmental information requested; the requester does not have to state a reason (Hartley & Wood, 2005).…”

Section: Access To Informationmentioning

confidence: 99%

How law structures public participation in environmental decision making: A comparative law approach

Akerboom

Craig

2022

Env Pol Gov

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Despite some skepticism regarding its effectiveness, public participation has become a central facet of environmental decision making, including governments' various decisions to address climate change. However, the existing literature tends to address the general benefits of environmental public participation rather than examine details of how such participation actually occurs and how it differs among nations—even among nations all purportedly pursuing similar public participation goals. This article begins to fill that knowledge gap by examining law's key role in structuring how the public in different countries may actually participate in environmental decision making, including in unfolding national agendas to reduce greenhouse gas emissions and adapt to climate change impacts. Both the United States and European Union member states have decades of experience in writing—and rewriting—public participation into their environmental laws. This article actively explores and compares how the laws of the United States, the European Union, and the Netherlands (as an exemplar of an EU member state) structure public participation in environmental decision making in order to assess how far along the scale of public participation categories each government has progressed. It concludes that, for the moment, United States environmental law more often allows for public collaboration and empowers the public to make certain kinds of environmental decisions—although a new law in the Netherlands may soon encourage more creative and collaborative forms of public participation there, as well.

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Propagation: The Aarhus Convention’s International Context

Weaver

2023

Environmental Politics and Theory

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Aarhus Convention and Community Law: the Interplay

Cited by 8 publications

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Public Participation in Climate Policy Making: Toward Reconciling Public Preferences and Legal Frameworks

Public Participation in Climate Policy Making: Toward Reconciling Public Preferences and Legal Frameworks

How law structures public participation in environmental decision making: A comparative law approach

Propagation: The Aarhus Convention’s International Context

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