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Access to Information & Enforcement at Member State Level
Áine Ryall
Maastricht, 30 June 2014
@EnvJusticeUCC #AarhusMaastricht
Why is access to environmental information so important?
What role does information play in environmental governance?
What are the justifications for the right of access to environmental information?
Why is access to environmental information so important?
Aarhus Convention: Recitals 7, 8, 9, 10 & 17 –
Recital 17: public authorities hold environmental information in the public interest
Directive 2003/4/EC: Recital 1
Aarhus Convention & Directive 2003/4/EC
Right of access to environmental information held by, or for, public authorities
- on request & within specified time frames
- subject to certain exceptions, but strong presumption in favour of disclosure
Aarhus Convention & Directive 2003/4/EC
Access to justice provisions
Right of access to a review procedure where right of access is delayed or denied:
Aarhus - Article 9(1), (4) and (5)Directive 2003/4/EC - Article 6
Aarhus Convention & Directive 2003/4/EC
Proactive dissemination of environmental information by public authorities is absolutely essential
More emphasis on this aspect is needed to underpin the right of access to information
Role & Potential of Social Media
Environmental Justice: Back to Basics
Why so important?
To ensure the public’s legitimate interests are protected
To ensure the law is enforced
Review procedures in Ireland
Public authority decision →
Internal Review
Appeal to Commissioner for Environmental Information
Appeal to High Court on a point of law
Commissioner for Environmental Information
Problems in practice with appeal procedure
- Appeal fee of €150
- Serious delays and resource issues
Commissioner for Environmental Information
Problems with how Ireland has transposed Directive 2003/4/EC
- mandatory exceptions (?!)- scope of Commissioner’s jurisdiction
An Taoiseach [Prime Minister] v Commissioner for Environmental Information [2010] IEHC 241
Commissioner for Environmental Information
Implementation challenges
- Public authorities charging for access to info.
- Definition of “public authority”
Is the National Assets Management Agency (NAMA) a “public authority”?
Commissioner for Environmental Information
NAMA v Commissioner for Environmental Information [2013] IEHC 86
- Request for info. made by Gavin Sheridan - February 2010
- High Court ruling - February 2013- Appeal to Supreme Court currently being heard - July 2014
Infringement proceedings by EU Commission?
Complaint made to Commission by ENGO Friends of the Irish Environment in October 2012 concerning access to information & implementation of Directive 2003/4/EC in Ireland
No formal action by Commission against Ireland to date
Aarhus, EU law & Role of the Courts
Courts in the spotlight - at EU & national level
Gradual evolution of basic principles & emerging trends in the case law
Future Directions
Political will to deliver on environmental rights and provide the necessary resources to underpin Aarhus implementation.
Aarhus rights must be championed at national level → awareness raising & cultural change to integrate Aarhus successfully into the national system
Future Directions
Resource public authorities to deliver and to enforce Aarhus & EU environmental law rights
Reduce the need for appeals to Commissioner for Environmental Information and subsequent court proceedings triggered by basic shortcomings in the system of environmental governance
Ongoing Research Project
Faculty of Law, UCC
Identify key issues &consider potential means of improving access to environmental justice in Ireland
http://environmentaljustice.ie/
@EnvJusticeUCC
Mapping the Future of EnvironmentalJustice