Jendrośka Jerzmański Bar & Partners; www.jjb.com.pl 1 Article 9 of theAarhus Convention: overview Access to Justice Regional Workshop for High-Level Judiciary.

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Presentation transcript:

Jendrośka Jerzmański Bar & Partners; 1 Article 9 of theAarhus Convention: overview Access to Justice Regional Workshop for High-Level Judiciary Tirana, November 2008

Opole University2 Monitoring compliance mechanism Implementation reports Compliance Committee Compliance procedure

Opole University3 Compliance Committee Nine independent members (eight before MoP-3 in 2008) Elected to serve in personal capacity Regional balance Nomination by MOP

Opole University4 Compliance procedure Triggers –Submission by Party about another Party –Submission by Party about itself –Referrals by secretariat –Communications by the public (30 hitherto)

Key issues Template for complaint Criteria for admissibility Exhaustion of domestic remedies Possibility to be represented at CC Substance of cases –General legislative failures –Specific instances of noncompliance Jendrośka Jerzmański Bar & Partners; 5

Legal effect Findings and recommendations of CC –Findings compliance or non-compliance –Recommendations steps to be taken Party concerned steps to be taken by MOP Adoption by MOP –conditional caution imposed on Ukraine Jendrośka Jerzmański Bar & Partners; 6

Implications In relation to particular case –no retro-active effect –strategy to rectify situation to be adopted, submitted to CC, and implemented As a reference point for –implementing the Convention in legislation –interpreting the Convention in particular cases Jendrośka Jerzmański Bar & Partners; 7

Example – art.6.2 The public concerned shall be informed…in an adequate…and effective manner.. Jendrośka Jerzmański Bar & Partners; 8

„Adequate” „it has been clearly shown that what the public concerned was informed about were possibilities to participate in a decision-making process concerning “development possibilities of waste management in the Vilnius region” rather than a process concerning a major landfill to be established in their neighbourhood. Such inaccurate notification cannot be considered as “adequate” and properly describing “the nature of possible decisions” as required by the Convention.” (Case CCC/C/16 Lithuania) Jendrośka Jerzmański Bar & Partners; 9

„Effective” „The requirement for the public to be informed in an “effective manner” means that public authorities should seek to provide a means of informing the public which ensures that all those who potentially could be concerned would have a reasonable chance to learn about proposed activities and their possibilities to participate” ” (Case CCC/C/16 Lithuania) Jendrośka Jerzmański Bar & Partners; 10

Informing the public Effective („ The requirement for the public to be informed in an “effective manner” means that public authorities should seek to provide a means of informing the public which ensures that all those who potentially could be concerned would have a reasonable chance to learn about proposed activities and their possibilities to participate”) Adequate (. Opole University11