Human / society's right to information on the environment. Reception of selected issues of the Aarhus Convention into the EU and Polish law

Sitek, Magdalena

doi:10.13166/jms/112769

Cited by 2 publications

(1 citation statement)

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“…20 años de la Ley de lo Contencioso-administrativo, INAP, Madrid, 2019, p. 131. See too, Pons Portella M., "La acción popular en asuntos medioambientales", Revista de Administración Pública, 206, mayo-agosto, 2018, p.191. difference in the entitlement of both types of actions lies on the fact that, for a part of scientific literature, the right to enjoy an adequate environment is a collective or trans-individual right 20 , and not strictly individual, which is the character that can be attributed to the action granted to all people in cases of violation of the right to citizen participation, that is also based on democratic reasons 21 and good administration 22 . These limitations that are foreseen in the scope of the European Union, and in the national laws of the majority of Member States in their internal regulations, differ from the possibilities to exercise the action in defense of the environment that any citizen has through the citizen suits, in the North American legal system, which allows "any person to sue other people, whether public or private, for certain breaches of environmental laws" 23 , although it is necessary to allege individual harm derived from the action against which the litigation is addressed 24 .…”

Section: Citizens' Participation Effectiveness In the Scope Of Environment Protectionmentioning

confidence: 99%

Digital citizens’ participation right in defense of the environment

Ortiz¹

2021

Human Rights - From Reality to the Virtual World

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The Aarhus Convention of June 25, 1998, of the United Nations Economic Commission for Europe on access to information, public participation in decision-making and access to justice in environmental matters, introduced the commitment of each signing State to ensure, within the framework of its national regulation, that citizens could suit and appeal any decision, or any action or omission that falls within the scope of public participation regarding issues on environmental matters. Hence, citizens are entitled to appeal administratively and judicially against public environmental decisions if they invoke a legal infringement in relation to this issue. Access to justice for violation of the rights of public participation are set out in the same terms on Regulation (EU) number 1367/2006, of September 6, relating to the application, to the institutions and community bodies, of the provisions of the Aarhus Convention on access to information, public participation in decision-making and access to justice on environmental matters. Although the right of access is quite broad, it is not exempt from exceptions, such as those indicated on the Directive 2003/4/EC of the European Parliament and of the Council, of January 28, on public access to environmental information, which has recently been interpreted by the Court of Justice of the European Union on the Judgement (First Chamber) of January 20, 2021 in the Land Baden-Württemberg case (Communications internes). However, all this is not useful if citizens are not granted with the possibility of accessing to control judicially administrative decisions that do not comply with environmental policies with the same extension, because the opportunity for any citizen to be entitled to effectively control these actions is being excluded. This paper aims to analyze the extent of the right of citizens to participate digitally in public decision-making of an environmental nature, and determine if such right is consistent with the possibilities of access to justice in this matter, since only through judicially control of the administrative decisions it is possible to make the participation right effective.

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Section: Citizens' Participation Effectiveness In the Scope Of Environment Protectionmentioning

confidence: 99%

Digital citizens’ participation right in defense of the environment

Ortiz¹

2021

Human Rights - From Reality to the Virtual World

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Environmental Refugees, Suggested Solutions of the Problem in the Framework of International Law

Krajewski¹

2022

PROBL EKOROZW

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Some environmental changes (either natural or anthropogenic usually caused by leaving sustainable management of its natural resources) alter natural conditions to such an extent that individuals and entire communities are forced to leave their place of permanent residence and seek another that would provide them with at least the minimum subsistence level of living. Some of those journeys may be temporary and cover small distances; others may involve crossing the border of one’s homeland with no hope of ever coming back. Migrants struggle with not only their precarious financial situation, but also a wide range of legal and administrative difficulties, often compounded by social, cultural, religious, and political issues. Even though the number of people fleeing inhospitable environments is increasing every year, the international community and host countries refuse to grant them status to ensure due protection. This, however, does not relieve anybody from the obligation to search for a viable solution.

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Human / society's right to information on the environment. Reception of selected issues of the Aarhus Convention into the EU and Polish law

Cited by 2 publications

References 1 publication

Digital citizens’ participation right in defense of the environment

Digital citizens’ participation right in defense of the environment

Environmental Refugees, Suggested Solutions of the Problem in the Framework of International Law

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