Da wir, so wie es aussieht, wohl um ein gerichtliches Verfahren nicht herum kommen werden, möchte ich noch einmal die Möglichkeiten darstellen, die uns das Aarhus-Abkommen bietet!
Dazu zunächst einmal etwas Grunsätzliches, das leider auf Englisch ist:
The Aarhus Convention
What is the Aarhus Convention?
The United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (pdf ~50K) was adopted on 25 June 1998 in the Danish city of Aarhus (Århus) at the Fourth Ministerial Conference as part of the „Environment for Europe“ process. It entered into force on 30 October 2001. (For recent up-dates and the follow-up process please have a look at the UNECE Convention website).
The Aarhus Convention establishes a number of rights of the public (individuals and their associations) with regard to the environment. The Parties to the Convention are required to make the necessary provisions so that public authorities (at national, regional or local level) will contribute to these rights to become effective. The Convention provides for:
- the right of everyone to receive environmental information that is held by public authorities („access to environmental information„). This can include information on the state of the environment, but also on policies or measures taken, or on the state of human health and safety where this can be affected by the state of the environment. Applicants are entitled to obtain this information within one month of the request and without having to say why they require it. In addition, public authorities are obliged, under the Convention, to actively disseminate environmental information in their possession;
- the right to participate in environmental decision-making. Arrangements are to be made by public authorities to enable the public affected and environmental non-governmental organisations to comment on, for example, proposals for projects affecting the environment, or plans and programmes relating to the environment, these comments to be taken into due account in decision-making, and information to be provided on the final decisions and the reasons for it („public participation in environmental decision-making„);
- the right to review procedures to challenge public decisions that have been made without respecting the two aforementioned rights or environmental law in general („access to justice„).