ČPŽP 45 3/2017

3/2017

TÉMA

LIMITING PUBLIC PARTICIPATION: A PYRRHIC VICTORY OF THE LOBBY GROUPS

Abstract In their unprecedented move, Czech Parliament members supported by the developers and lobbyists decided to restrict environmental NGOs from participation in a wide range of permitting procedures. A substantive amendment (Act. no. 225/2017 Coll.) to the Czech Building Act was supposed to speed up the procedures but leaves much to be desired in this respect and may even turn counterproductive. The authors analyse the amendment and conclude that the NGOs still retain their right to access to justice based on the case law of the Czech Constitutional Court and The Supreme Administrative Court. As a consequence, the developer may face the objections of the public concerned during the court proceedings for the first time, too late for any changes of the project. Key words: Bulding Act, locus standi, environmental NGOs, Aarhus Conventi- on, constitutional rights. ♠♠

ČESKÉ PRÁVO ŽIVOTNÍHO PROSTŘEDÍ

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