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Public participation in decisions on specific activities in environmental matters in Croatia

Lana Ofak

elni Review 2012, Issue 1,  pp. 13-19. https://doi.org/10.46850/elni.2012.003

Croatia finished accession negotiations with the EU in June 2011. The Accession Treaty was signed on 9 December 2011. The EU accession referendum in Croatia was held in January 2012 with a positive outcome. 66.27% of Croatian citizens voted in favour of Croatian accession to the European Union and 33.13% of votes were against the accession. Following ratification of the Accession Treaty by the 27 EU member states, accession of Croatia to the EU is expected to take place on 1 July 2013.
In the 2011 Progress Report, European Commission stated that there has been progress in the area of environment. Overall, Croatia’s environment-orientated preparations are nearing completion in terms of both alignment and implementation of the relevant legislation. However, implementation of the horizontal acquis, and in particular effective public participation and access to justice in environmental matters, need to be improved.
The purpose of this article is twofold. Firstly, it provides a general overview of the legal framework for public participation in decisions on specific activities in Croatia, which is intended to implement provisions of Art. 6 of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter: the Aarhus Convention or Convention). Implementation of Art. 7 and 8 of the Aarhus Convention are not discussed. Secondly, specific problems in exercising the right to participate in environmental impact assessment procedures in Croatia are analysed. It is shown that there are cases of non-compliance with the provisions of Art. 6 of the Aarhus Convention.

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References 

  1. Commission Staff Working Paper, Croatia 2011 Progress Report, Accompanying the document, Communication from the Commission to the European Parliament and the Council, Enlargement Strategy and Main Challenges 2011-2012, SEC(2011) 1200 final.
  2. Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, done at Aarhus, Denmark, on 25 June 1998.
  3. Croatian Official Gazette (Narodne novine), no. 82/94.
  4. Croatian Official Gazette, no. 110/07.
  5. Act on the Ratification of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, Official Gazette – International Contracts, no. 1/07.
  6. Croatian Official Gazette, no. 85/10 – consolidated text.
  7. Regulation on environmental impact assessment (Croatian Official Gazette No. 64/08, 67/09) (REIA), which was adopted in order to transpose the Directive 85/337/EEC.
  8. Croatian Official Gazette, no. 114/08, which was adopted in order to transpose the Directive 96/61/EC.
  9. Art. 70(1) EPA.
  10. Croatian Official Gazette, no. 114/08, which was adopted in order to transpose the Directive 96/82/EC.
  11. Croatian Official Gazette, no. 64/08.
  12. Croatian Official Gazette, no. 70/05, 139/08, 57/11.
  13. Croatian Official Gazette, no. 118/09.
  14. Croatian Official Gazette, no. 35/08.
  15. Croatian Official Gazette, no. 70/05, 46/07, 137/09.
  16. Croatian Official Gazette, no. 128/08.
  17. Croatian Official Gazette, no. 178/04, 153/05, 111/06, 60/08.
  18. Decision of the Ministry of Environmental Protection, Physical Planning and Construction from 25 February 2011, Klasa: UP/I-351-02/10-11/73, Urbroj: 531-13-2-1-1-11-6.
  19. Medvedović, D.; Ofak, L., The Legal Position of Associations in Environmental Protection Procedures in the Republic of Croatia, Facta Universitatis - Series: Law and Politics Vol. 9, No 1, 2011, pp. 69-84.
  20. Green Istria (Zelena Istra), Comments on the Report on the Implementation of the Aarhus Convention, December 2010.
  21. Conseil d’Etat (France), decision 266.668 of 7 August 2007 (cited from: Krämer, L. The Application of the Aarhus Convention in the European Union, in: Radojcic, D. (ed.), Proceedings: Implementation of the Aarhus Convention in the Adriatic Region Countries, Green Istria, Pula, 2011, p. 36.
  22. Act on the Right to Access Information (Official Gazette, no. 172/03, 144/10, 37/11, 77/11).
  23. Jendrośka, J. Public Participation in Environmental Decision-Making. Interactions Between the Convention and EU Law and Other Key Legal Issues in its Implementation in the Light of the Opinions of the Aarhus Convention Compliance Committee, in: Pallemaerts, M. (ed.), The Aarhus Convention at Ten: Interactions and Tensions between Conventional International Law and EU Environmental Law, Europa Law Publishing, Groningen, 2011, p. 91-147.
  24. Andrusevych, A., Alge T. and Konrad C. (eds), Case Law of the Aarhus Convention Compliance Committee (2004-2011), 2nd Edition, RACSE, Lviv, 2011
  25. Koester, V. The Compliance Committee of the Aarhus Convention: An Overview of Procedures and Jurisprudence, In: Environmental Policy and Law, Vol. 37, No. 2-3, 2007, p. 83-96.
  26. Communication to the Aarhus Convention's Compliance Committee (ACCC/C/2009/36)
  27. ECE/MP.PP/C.1/2010/4/Add.2, 15–18 June 2010: Economic and Social Council, Economic Commission for Europe, Meeting of the Parties to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, Compliance Committee Twenty-eighth meeting, Geneva, 15–18 June 2010
  28. Judgment of the Administrative Court of the Republic of Croatia, Us5235/2009-5, 23 October 2009.
  29. Report by the Compliance Committee, Addendum, Compliance by Romania with its obligations under the Convention, ECE/MP.PP/2008/5/Add.7, 16 April 2008.
  30. Stec, S.; Casey-Lebkowitz, S., The Aarhus Convention: An Implementation Guide, United Nations, New York and Geneva, 2000.
  31. Green Istria, Comments on the Report on the Implementation of the Aarhus Convention, March 2009.
  32. Findings and recommendations with regard to communication ACCC/C/2009/43 concerning compliance by Armenia, ECE/MP.PP/C.1/2010/8/Add.2, 17 December 2010.
  33. Decision on environmental impact of the „Golf Course Baštijunski brig, Biograd n / m“.
  34. Findings and recommendations with regard to Communication ACCC/C/2008/24 concerning compliance by Spain, ECE/MP.PP/C.1/2009/8/Add.1, 30 September 2010.
  35. General Administrative Procedure Act, Croatian Official Gazette, no. 47/09.
  36. Decision of the Constitutional Court of the Republic of Croatia, U-I206/1992, U-I-207/1992, U-I-209/1992, U-I-222/1992, 8 December 1993.
  37. Judgment of the Administrative Court of the Republic of Croatia, Us4410/2009-9, 21 July 2011.
  38. Report by the Compliance Committee, Compliance by Lithuania with its obligations under the Convention, ECE/MP.PP/2008/5/add.6, 4 April 2008.
  39. Communication of the Constitutional Court of the Republic of Croatia, UVII/5293/2011, 12 November 2011, Official Gazette, no. 133/11.
  40. The Constitution of the Republic of Croatia, as of 15 January 2014, Consolidated text, Official Gazette Nos 56/90, 135/97, 113/00, 28/01, 76/10 and 5/14.