The EU and Public Participation in Environmental Decision-Making

Abstract

ABSTRACT The Lisbon Treaties constitute a new stage in the process of European integration. They promote an open society in which decisions are taken as openly as possible and as closely as possible to the citizen. The functioning of the EU shall be founded on representative democracy, which includes that right of every citizen “to participate in the democratic life of the Union”. This individual right to participate is further concretized by the right to participate in elections to the European Parliament (Articles 22(2) and 223 TFEU), the right to participate in a citizen initiative (Article 11(4) TEU), the right to submit petitions to the European Parliament (Articles (24(2) and 227 TFEU, the right to submit complaints to the European Ombudsman (Articles 24(2) and 228 TFEU), the right to have access to documents held by EU institutions (Article 15 TFEU) and the right to write to any EU institution or body and obtain an answer (Article 24(4) TFEU). The present contribution will limit itself to examining how the right of participation of citizens in environmental decision-making was put into practice by EU institutions and bodies at EU level and, via secondary EU law, at the level of the Member States. After a description of the different provisions of primary law – the TEU and the TFEU – (1) and of secondary EU law (2), the application of the right to participate at EU level (3) and in EU legislation regarding the participation in environmental decision-making at national level will be examined (4). Some concluding remarks will round up the contribution (5). PRIMARY EU LAW The EU Treaties do not contain specific provisions as regards the rights of citizens to participate in environmental decision-making. As a general obligation, apart from the provisions mentioned above, Article 11(2) TEU is to be mentioned, which obliges the EU institutions to maintain an open, transparent and regular dialogue with representative associations and civil society. Article 11(3) TEU obliges the Commission to “carry out broad consultation with parties concerned in order to ensure that the Union's actions are coherent and transparent”. The objective of the open and regular dialogue is clarified in Article 15(1) TFEU, which asks the Union institutions and bodies to conduct their work as openly as possible, “(I)n order to promote good governance and ensure the participation of civil society”.