Application of the Aarhus Convention in Southeast Europe
Our survey showed that there have not been many examples of the direct application of the Aarhus Convention by the courts in SEE countries. In situations where the Aarhus Convention could be applied, the courts would rather apply the rules of domestic legislation that are relevant to the merits of the case, or the provisions of the EU directives that regulate access to information, public participation in decisionmaking and access to justice in environmental matters. In addition, in many environmental cases the Aarhus Convention will not be applicable, since it does not contain any substantive rules regarding the right to a healthy environment.
Public participation in decisions on specific activities in environmental matters in Croatia
The adoption of the European acquis in Croatia is discussed by Lana Ofak in her article “Public participation in decisions on specific activities in environmental matters in Croatia”. The article provides a general overview of the legal framework for public participation in decisions on specific activities in Croatia and highlights specific problems in exercising the right to participate in environmental impact assessment procedures.
Public Participation in the Canadian Environmental Assessment and Review Process
This chapter discusses public participation in the Canadian Environmental Assessment and Review Process. The Canadian Environmental Assessment and Review Process is based on a firm agreement by ministers of the Federal Government that they will be responsible for the environmental consequences of activities proposed by their departments, including the incorporation of suitable mitigating measures. This chapter illustrates, by means of four case studies, public participation in the Canadian Environmental Assessment and Review Process. The case studies, involving different development proposals in geographically distinct areas of Canada include a uranium hexafluoride refinery in southern Ontario, hydrocarbon exploration in the Artie, port expansion on the Pacific coast and a highway project in the Yukon. In each instance, the public played a significant role in influencing the development proposal. The examples illustrate how the public has influenced project site selection, effectively questioned the need for development action, and required the investigation of a particular proposal to be extended to include consideration of resource use in a much broader geographical area. The case studies also illustrate the flexibility of the Canadian Environmental Assessment and Review Process in allowing for wide citizen participation in different geographical regions and in adjusting to accommodate changing needs.