Description
The book provides a comparative overview of the implementation of participatory rights in environmental decision making. The core idea was to explore the legal cultures of various EU member states, where the principles of the Aarhus Convention have been implemented in national law with a focus on German and Italian environmental law. Our project aims to contribute to the knowledge of whether European Union law is on the right way to establish such an approach.
Overview
Eva Julia Lohse, Giulia Parola and Margherita Poto
Introductory Remarks on the Idea and the Purpose of a German-Italian Dialogue on Participation in Environmental Decision-Making
Part I: Perspectives on Participation – Rationales, Protected Interests, Democracy
Giulia Parola
Ecological Interest as a Leading Rationale for Participation: Ecological Duties of the Citizens and of the Authorities
Cristina Fraenkel-Haeberle
Participatory Democracy and the Global Approach in Environmental Legislation
Claudia Sartoretti
The Aarhus Convention Between Protection of Human Rights and Protection of the Environment
Paolo Turrini
Participatory Rights and the Notion of Interest in Environmental Decision-making: a Theoretical Sketch and Some International Legal Considerations
Federica Cittadino
Public Interest to Environmental Protection and Indigenous Peoples' Rights: Procedural Rights to Participation and Substantive Guarantees
Part II: Participation in Administrative Decision-making: Prerequisites and Principles in National and Supranational Law
Margherita Poto
Strengths and Weaknesses of Environmental Participation Under the Aarhus Convention: What Lies Beyond Rhetorical Proceduralisation?
Viviana Molaschi
The Implementation of the Aarhus Convention in Italy: a Strong ›Vision‹ and a Weak ›Voice‹
Julian Zwicker and Franziska Sperfeld
Participation of Environmental Associations in the Context of Nature Conservation Law in Germany
Nicola Below
Participation Under REACH – Stakeholder Interests and Implementation of EU Secondary Law
Part III: Participation Through Access to Justice – Conditions and Concepts of Judiciary Participation
Eva Julia Lohse
Access to Justice – the Main Challenge for Implementing the Aarhus Convention
Angela Schwerdtfeger
Implementation and the Separation of Powers
Elena Fasoli
The German Criteria for Access to Justice Under the Scrutiny of the Aarhus Convention Compliance Committee and of the Court of Justice of the European Union: Is There Room for Similar Proceedings Against Italy?
Bilun Müller
The Effect of the Aarhus Convention's Right of Access to the Courts in Germany
Ulrike Giera
Attorneys for the Environment – an Effective Implementation of Art. 9 (3) Aarhus Convention?
Part IV: An Example for Best Practises in Environmental Participation
Stefano Duglio, Maria Beatrice Pairotti and Riccardo Beltramo
Environmental Management: the Environmentally Equipped Industrial Area Model
Eva Julia Lohse
Comparative Conclusions from a German-Italian Dialogue on Participation
List of Authors
