Implementation of the Aarhus Convention in Serbia

Abstract

The Aarhus Convention has become a part of the Serbian legal system with adoption of the Law on Ratification of the Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters in May, 2009. The largest share of laws in Serbia which regulate the right to access information, public participation and legal protection in environmental matters was adopted prior to ratification of the Aarhus Convention. However, after the ratification came amendments to certain laws for the sake of accordance with the norms of the Aarhus Convention. This paper analyzes the existing legal provisions in Serbia and the extent thereof on its accordance with the norms of the Aarhus Convention. In addition, the paper points out the relevant practice of administrative authorities and the Commissioner for Information of Public Importance and Personal Data Protection relating to cases of access to environmental information and the right of public participation in environmental decision making as well as major court decisions on right to judicial review.