Passive Access to Environmental Information in the EU – An Analysis of Recent Legal Developments

Abstract

This article seeks to provide an examination of the key provisions (subjective and objective scope; exceptions; procedure; practical arrangements) of the dual–track regime of access to environmental information at the EU level, as interpreted by the European Courts. This regime is the result of the combined application of Regulation 1367/ 2006 on the application of the Aarhus Convention to the EC and Regulation 1049/2001 on access to documents of the European Parliament, Council, and Commission. Also, some recent events that will likely change this quite novel dual–track regime on access to environmental information into a single access regime for all documents at the EU level will be taken into account throughout this analysis. The question underpinning this scrutiny is the following: is this combined legal framework appropriately construed and applied so as to guarantee a real and effective right of access to environmental information to the public?