CONVENTION ON ACCESS TO INFORMATION, PUBLIC PARTICIPATION IN DECISION-MAKING AND ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS.
Summary
The Aarhus Convention was adopted in June 1998 in Aarhus, Denmark and entered into force in October 2001. It is developed with the purpose to greater improve environmental protection by involving public in decision making process. The convention is designed to help protect the right of every person of present and future generations to live in an environment adequate to his or her health and well-being. It links environmental issues to human rights and advocates for the public the:
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access to information on the environment;
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the opportunity and ability to participate in decision-making in key environmental matters; and
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to access justice in matters involving the previous two points.
There are precise rights and duties regarding access to information. This includes deadlines for providing information and the actual reason why public can be refused to obtain certain information.
The access to information may be refused if the public authority does not hold the requested information; the request is manifestly unreasonable or formulated in too general a manner; the request concerns material in the course of completion.
Moreover, requests for information my be rejected if it directly or indirectly reflects on confidentiality of the proceedings of public authorities, national defense and public security, to further the course of justice or to respect the confidentiality of commercial and industrial information, intellectual property rights, the confidentiality of personal data and the interests of a third party who has volunteered the information.
However, in case of refusal, the reason must be stated and it also should indicate what forms of appeal are open to the applicant.
Additionally, all persons who feel their rights to access to information have been impaired (request for information ignored, wrongfully refused, inadequately answered) must have access, in the appropriate circumstances, to a review procedure under national legislation.