Notifying the Public as a Part of the Public Participation Procedure in EU, Polish and Ukrainian Law

Summary

ABSTRACT

This article analyses whether EU, Polish, current and planned Ukrainian law are compliant with the Aarhus Convention requirement to public notification during the public participation procedure. This article concerns the personal scope of public notification: the entity responsible for notifying and the entity entitled to get notified. Secondly, it covers the timeliness and effectiveness of public notification. The first one means that the notification shall take place early enough in the public participation procedure as well as in the whole decision-making procedure. The second one is connected to spreading public notification among the entities entitled and willing to participate in the decision making. That could be done via public notice published in printed media, posted at the territory where an activity is planned or at the territory that could be affected by it, disseminated through mass media (TV, radio) or through electronic means, as well as via individual notice.

KEYWORDS

Aarhus Convention; EIA Directive; individual notice; public; public concerned; public notice; public notification; public participation procedure

INTRODUCTION

In accordance with the requirements of international, European and Polish national law when making decisions in environmental matters public authorities should provide the public with an opportunity to participate. Notification on the initiation of the decision-making and of the public participation procedure is the first stage of the public participation procedure.

At international level this stage is mainly regulated in the UNECE Convention On Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters. It was signed on 25 June 1998 in the Danish city of Aarhus (hereinafter – the Aarhus Convention).

According to Article 6.2 of the Aarhus Convention:

“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, including, as and when this information can be provided:

(i) The commencement of the procedure;

(ii) The opportunities for the public to participate;