The Convention
The right to participate is guaranteed by the Aarhus Convention, which has been ratified by all EU Member States and the EU. The Aarhus Convention has brought about a paradigm shift in environmental policy by granting citizens three fundamental rights in the field of environmental protection: Access to information, participation in decision-making and access to justice in environmental matters.
When major construction projects are being planned, the public has the right to inspect planning documents and submit comments to the planning authority. These must be taken into account by the authority in its decision on the project. In practice, however, the rights guaranteed by the Convention are not effectively guaranteed, especially in the context of digital participation. This deficit therefore weakens democratic participation and the effective implementation of environmental law and should be addressed as a matter of urgency.
More information on the Aarhus Convention can be found here (only German).
Digital participation under the Aarhus Convention
Updated Recommendation on the More Effective use of Electronic Information Tools (2021)
In 2021, the highest body under the Aarhus Convention, the Meeting of the Parties (MoP), adopted the Updated Recommendation on the More Effective Use of Electronic Information Tools. It recommends that Parties establish a comprehensive central portal at national level where all environmental information covered by the Aarhus Convention can be accessed and where formal participation procedures (such as EIA and SEA) can also be carried out digitally.
The aim of the Updated Recommendations is for States Parties to apply common approaches and standards to promote the implementation of the Aarhus Convention. This is done through the promotion, development, maintenance, improvement and use of electronic information tools. States should develop and implement strategies to support electronic tools for administrative procedures and services. These strategies should aim at assisting the public, in particular people in difficult situations, to exercise their rights under the Aarhus Convention. The goal is to make administrations more transparent, efficient and accountable, especially in terms of providing environmental information of adequate quality, facilitating public participation in decision-making processes and supporting public access to justice.
In particular, the Updated Recommendations call for a nationwide digital environmental information system. Such a system should support public access to real-time and other dynamic and historical, current, accurate and quality-controlled, comprehensive, standardised and functional environmental information and make this information searchable and accessible online in machine-readable, open formats that meet the needs of different users. This recommendation is very comprehensive and has not yet been implemented in any country.
This environmental information system should include, inter alia, documents relating to environmental impact assessments, state environmental assessments and permitting or authorisation procedures subject to public participation requirements (e.g. public notices, applications, risk assessments and other studies, all other relevant documents, comments from third parties, draft and final decisions and associated conditions).
UNECE Electronic Information Tools Case Studies
The Task Force on Access to Information, also working under the Aarhus Convention, is collecting case studies of electronic information tools to facilitate the exchange of relevant information, experience and best practice. It lists digital formats that provide access to environmental information or public participation. It also includes exchange platforms for project organisers. There are entries for 2016, 2019 and 2020.
Maastricht Recommendations (2015)
The Maastricht Recommendations on Promoting Effective Public Participation in Decision-making in Environmental Matters, prepared under the Aarhus Convention in 2015, are the first to address the issue of digital public participation within the framework of the Aarhus Convention. The Maastricht Recommendations were developed by the Task Force on Public Participation in Decision-making under the Aarhus Convention and are aimed at legislators and administrators in environmental matters.
The following recommendations are contained in the Maastricht Recommendations:
- Public notification
- on a prominent and publicly accessible part of the competent authority’s website (and on the websites of all local authorities in the potentially affected area); and
- through electronic mailing lists; and
- automated notifications linked to an electronic database
- via social media (for the younger public)
- Internet or web-based consultations
- Public hearings or consultations may be recorded and, where appropriate given the nature or significance of the proposed activity, broadcast live on television or the internet
- In addition to the physical hearing, where feasible, technology such as audio or video conferencing may be used to enable members of the public who cannot physically attend the hearing to participate.
- Access to relevant information through a publicly accessible website containing
- information on the proposed activity
- a user-friendly search facility
- online access to relevant documents
- the possibility to submit electronic comments on the proposed activity
- an accessible archive of key documents from previous procedures
- a list of persons or bodies to whom administrative tasks related to the public participation procedure are delegated
- the final decision should be made available electronically on the public authority’s website
- Comments can be submitted electronically
- No excessive formalities regarding the electronic signature are required.
- The receipt of each comment should be acknowledged and published on the public authority’s website.
