CYIL vol. 11 (2020)

MICHAEL SIMAN CYIL 11 (2020) the public which may participate is to be identified by the relevant public authority, taking into account the objectives of the Aarhus Convention (Art. 7). Finally, Art. 8 provides that each Party must strive to promote effective public participation at an appropriate stage, and while options are still open, during the preparation by public authorities of executive regulations and other generally applicable legally binding rules that may have a significant effect on the environment. The third pillar, which governs access to justice (Art. 9), includes three key rights to be guaranteed by each Party: (i) the right of any person who considers that his or her request for information under Article 4 has been ignored, wrongfully refused or inadequately answered to have access to a review procedure before a court of law or another independent and impartial body established by law (paragraph 1); (ii) the right of the members of the public concerned having a sufficient interest or, alternatively, maintaining impairment of a right to access to a review procedure before a court of law and/or another independent and impartial body established by law, to challenge the substantive and procedural legality of any decision, act or omission subject to the provisions of Article 6 and other relevant provisions of the Aarhus Convention (paragraph 2), and (iii) the right of the members of the public meeting the criteria to be laid down by national law to have access to administrative or judicial procedures to challenge acts and omissions by private persons and public authorities which contravene provisions of national environmental law (paragraph 3). In addition, pursuant to Art. 9(4), those procedures must provide adequate and effective remedies, including injunctive relief as appropriate, and be fair, equitable, timely and not prohibitively expensive. The Aarhus Convention was approved on behalf of the Community by Council Decision 2005/370/EC of 17 February 2005 2 . With respect to the first and second pillars of the Aarhus Convention, two directives were adopted in 2003: Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC 3 and Directive 2003/35/EC of the European Parliament and of the Council of 26May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC 4 , both of which contain provisions on access to justice. Other EU measures implementing the Aarhus Convention include Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment 5 . Moreover, Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention to Community institutions and bodies 6 laid down rules to apply the provisions of the Aarhus Convention to EU institutions and bodies with respect to all three pillars covered by that convention. As far as its position in the EU legal order is concerned, since the Aarhus Convention was signed by the Community and subsequently approved by Decision 2005/370, the provisions

OJ L 124, 17. 5. 2005, p. 1. OJ L 41, 14. 2. 2003, p. 26. OJ L 156, 25. 6. 2003, p. 17. OJ L 197, 21. 7. 2001, p. 30. OJ L 264, 25. 9. 2006, p. 13.

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