This document discusses environmental rights and principles of public participation in decision making as established in international agreements like the Aarhus Convention and European law. It outlines key rights like the right to a healthy environment, access to information, participation in decisions, and access to justice in environmental matters. It discusses requirements for public participation in decisions, including being informed early and having reasonable timeframes. It also discusses the importance of access to effective remedies and equality before the law. Finally, it notes that the Aarhus Convention forms an integral part of EU law and should be interpreted uniformly.

1. Barry Doyle
and
Company

2. Anarchical Fallacies:
The Duty of the Citizen, a
Complete System of Judicial
Protection, Equality before the
Law, Access to Justice, and the
Aarhus Convention.

3. CIVIS ROMANUS
SUM

5. CITIZENS – NOT
SUBJECTS
Declaration des Droits de l’Homme
et du Citoyen

7. NONSENSE ON
STILTS
Jeremy Bentham

8. FUNDAMENTAL
RIGHTS
Recognizing that adequate protection of the
environment is essential to human well-being and the
enjoyment of basic human rights, including the right
to life itself,
Recognizing also that every person has the right to
live in an environment adequate to his or her health
and well-being,....

9. THE DUTY OF THE
CITIZEN
Recognizing also that every person has the
right to live in an environment adequate to
his or her health and well-being, and the
duty, both individually and in association
with others, to protect and improve the
environment for the benefit of present and
future generations

10. INFORMATION,
PARTICIPATION,
ACCESS TO JUSTICE
Considering that, to be able to assert this right
and observe this duty, citizens must have access
to information, be entitled to participate in
decision-making and have access to justice in
environmental matters, and acknowledging in
this regard that citizens may need assistance in
order to exercise their rights,

11. Article 1
Objective
In order to contribute to the protection of the right of every
person of present and future generations to live in an
environment adequate to his or her health and well-being,
each Party shall guarantee the rights of access to
information, public participation in decision-making, and
access to justice in environmental matters in accordance
with the provisions of this Convention.

12. PARTICIPATION
Article 6
2. The public concerned shall be informed, either by public notice or
individually as appropriate, early in an environmental decision-making
procedure, and in an adequate, timely and effective manner, inter alia, of:
(a) The proposed activity and the application on which a decision will be
taken;
(b) The nature of possible decisions or the draft decision;
(c) The public authority responsible for making the decision;
(d) The envisaged procedure ....
3. The public participation procedures shall include reasonable time-
frames for the different phases, allowing sufficient time for informing the
public in accordance with paragraph 2 above and for the public to prepare
and participate effectively during the environmental decision-making.
4. Each Party shall provide for early public participation, when all options
are open and effective public participation can take place.

13. Article 9 Aarhus
2.... What constitutes a sufficient interest and impairment of a
right shall be determined in accordance with the requirements of
national law and consistently with the objective of giving the
public concerned wide access to justice within the scope of this
Convention.
4. In addition and without prejudice to paragraph 1 above, the
procedures referred to in paragraphs 1, 2 and 3 above shall
provide adequate and effective remedies, including injunctive
relief as appropriate, and be fair, equitable, timely and not
prohibitively expensive. Decisions under this article shall be given
or recorded in writing. Decisions of courts, and whenever possible
of other bodies, shall be publicly accessible.
ACCESS TO JUSTICE

14. JUDICIAL PROTECTION
Article 47, CFREU
Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by the law of the
Union are violated has the right to an effective remedy before a tribunal
in compliance with the conditions laid down in this Article.
Everyone is entitled to a fair and public hearing within a reasonable time
by an independent and impartial tribunal previously established by law.
Everyone shall have the possibility of being advised, defended and
represented.
Legal aid shall be made available to those who lack sufficient resources in
so far as such aid is necessary to ensure effective access to justice.

15. EQUALITY
Article 20, CFREU
Equality before the law
Everyone is equal before the law.

16. INTEGRAL
NEPPC §46
46 It should be borne in mind that the Court of Justice has jurisdiction to
give preliminary rulings concerning the interpretation of the Aarhus
Convention, which was signed by the Community and subsequently
approved by Decision 2005/370, and the provisions of which therefore
form an integral part of the EU legal order (judgment of 8 March 2011,
Lesoochranárske zoskupenie, C 240/09, EU:C:2011:125, paragraph 30).
NEPPC §50
50 Moreover, as the Court has repeatedly held, where a provision of EU
law can apply both to situations falling within the scope of national law
and to situations falling within the scope of EU law, it is clearly in the
European Union’s interest that, in order to forestall future differences of
interpretation, that provision should be given a uniform interpretation
irrespective of the circumstances in which it is to be applied (judgment of
8 March 2011, Lesoochranárske zoskupenie, C 240/09, EU:C:2011:125,
paragraph 42 and the case-law cited).

17. CIVIS EUROPAE
SUM
… adequate protection of the environment is
essential to human well-being and the enjoyment of
basic human rights, including the right to life itself…
… every person has the right to live in an
environment adequate to his or her health and well-
being,....

20. Disclaimer
All views are Alan’s own, and not those of his clients.
This paper constitutes an expression of opinion, not legal advice, and
should not be relied on.
No warranty is offered that any court would follow any opinion expressed
above.
Alan is happy to provide legal advice between Monday and Friday most
weeks, and can be contacted at 01-670 6966.
He can generally be relied upon to be sane, sober, and responsible, though
at any one time up to two of the foregoing may not apply.
Terms and conditions apply.
No mini-figures were harmed in the making of this slideshow (though
several infringements of health and safety legislation were recorded.)
Never stand on a chair holding a sword when drinking.