Three pillars of the Aarhus Convention

It was adopted on 25 June 1998 in the Danish city of Aarhus within the framework of the fourth Pan-European ministerial conference "Environment for Europe".

The Aarhus Convention came into force on 30 October 2001 and has currently (as of June 2020) 47 contracting parties, including the European Union (EU) and all EU Member States. Austria ratified the Aarhus Convention in 2005.

The first Meeting of the State Parties took place at the end of October 2002 in Lucca/Italy; the second in May 2005 in Almaty/Kazakhstan; the third in June 2008 in Riga/Latvia; the fourth Meeting of the State Parties took place at the end of June/beginning of July 2011 in Chisinau/Moldova; the fifth Meeting of the State Parties took place at the end of June/beginning of July 2014 in Maastricht/Netherlands (see also the separate entries on this topic). The most recent and sixth Meeting of State Parties took place in Bundva/Montenegro at the beginning of September 2017.

Public access to information on the environment

The public should have the right to access information on the state of the environment, health and other factors influencing the environment, irrespective of proof of special interest. The first pillar therefore regulates access to environmental information.

Not only does this right exist vis-à-vis the administrative authorities, but possibly also vis-à-vis private individuals who fulfil public tasks in the area of environmental protection and would fall under the broad definition of public authorities in the Aarhus Convention. Authorities should submit requested information within 1 month, whereby an extension of this period by a further month is permitted in the case of complex requests.

The request for environmental information may only be refused on certain grounds, for example if the request is manifestly abusive or if the authority does not have the information requested. Further grounds for refusal exist if, for example, the disclosure of the information has a negative impact on the confidentiality of advice to authorities, on business and trade secrets or on the confidentiality of personal data.

The convention also provides for increased active dissemination of environmental information to the public. Attention must be paid to transparency and, in particular, to ensuring that the information is also effectively accessible. As practical precautions, the convention mentions, for example, the maintenance of publicly accessible lists or data collections and free access to them. The authorities should increasingly make environmental information available on electronic databases. The refusal of access to environmental information can be contested by means of a review procedure.

Public participation in certain environmental decisions

Article 6 of the Convention (public participation in decisions on certain activities) sets out the mechanisms for public participation, particularly with regard to the timing, form and scope of public participation. The second pillar therefore essentially regulates public participation in certain decision-making processes that may have an impact on the environment.

In a separate annex, it lists the activities that are, in any case, subject to public participation (e.g. major projects such as industrial plants, airports, dams, waste treatment plants, nuclear plants, road construction). In addition, public participation is also provided for in the case of other activities that may have a significant impact on the environment - although the detailed formulation of this provision is the responsibility of the individual contracting states.

The "public concerned" must be informed at an early stage in an "appropriate, timely and effective manner", whereby the information must contain a certain minimum content about the upcoming decision-making procedure. An appropriate time frame must be provided and early public participation must be ensured. The Convention also stipulates that the competent authorities must grant the public access to all information that is relevant for the decision-making process. At the same time, it gives the public the opportunity to submit comments, analyses and the like on the planned activities. The result of the public participation must be taken into account by the authorities appropriately and the public must be informed of the result of the decision without delay. In procedures for updating existing authorisations, the Convention stipulates that the above provisions on public participation are to be applied mutatis mutandis and appropriately.

Within the framework of their national legal system, contracting parties should - "as far as feasible and appropriate" - also apply the above provisions to decisions on the deliberate release of genetically modified organisms into the environment.

With regard to public participation in procedures for the preparation of plans, programmes and policies relating to the environment (Article 7), the Aarhus Convention stipulates that the public must be involved in the preparation of plans and programmes relating to the environment in a fair and transparent manner and that the public must be provided with the necessary information for this purpose. The time frame should be selected in this context in such a way that participation is possible at an early stage of the process, when all options are still open.

Finally, under the second pillar, the Aarhus Convention provides that Parties should endeavour to promote effective public participation during the preparation of legally binding provisions (e.g. Regulations) that may have a significant impact on the environment (Article 8).

Access to courts and/or tribunals in environmental matters

With regard to the first pillar "access to environmental information", the Convention stipulates that every person should have access to a review procedure if a request for environmental information is rejected or inadequately answered. These proceedings must be conducted before a court or another independent and impartial body established by law. (Article 9(1))

With regard to the second pillar "Public participation in procedures for the preparation of plans, programmes and policies relating to the environment", the Convention stipulates that members of the public concerned shall have access to a review procedure before a court or another independent and impartial body if they wish to challenge the substantive or procedural legality of environmentally related project approvals within the meaning of Article 6. The Convention grants this legal claim to those who either have a "sufficient interest" or alternatively assert a "violation of rights", provided that national administrative procedural law requires this as a prerequisite. The more detailed definition of "sufficient interest" and "infringement" is reserved to national law. The Aarhus Convention grants a "sufficient interest" (Article 9(2)) to non-governmental organisations (NGOs) that are committed to environmental protection and meet the requirements of national law.

As a third component, the Aarhus Convention stipulates in the third pillar that "members of the public", provided they fulfil any national criteria, should have access to administrative or judicial proceedings to challenge violations of national environmental law by private individuals or public authorities (Article 9(3)). This option is intended to be additional and without prejudice to the options already mentioned in relation to the first and second pillars of the Convention, as a kind of supplement.