Towards the Europeanization of Participation? Reflecting on the Functions and Beneficiaries of Participation in eu Environmental Law

Abstract

The influence of European law on the national laws of EU member states on participation and access to justice and information in environmental matters is undeniable. There exists a multitude of primary and secondary rules regulating participation in environmental matters in a variety of different con-texts and matters. Yet, much of the European law is based on or derived from the international rules of the UN ECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). Thus, one question that arises is whether this has contributed to the crystallization of a European concept and notion of participation in environmental matters. Or do the different sources of European participation contribute to a cacophony of conceptions of participation, which implies various, if not contradicting obligations, for the Union and the member states? The answer is not simple. Participation is a complex concept and various understandings of participation exist, even at the national levels. This paper addresses this question, primarily by identifying the functions and beneficiaries of participation that are essential for determining the concept’s further contents and implications. Hence, I will first consider the elements and functions of European participation as defined by the TEU and TFEU. Second, I will address the particularities of European participation in environmental matters in the AC, the ECHR and the CFR, illustrating its purposes and main beneficiaries. I point to some of the differences and contradictions which have occurred and end with an outlook on the impact of the European understanding of participation on national regulations of participation, focussing on Germany.