EU-Kommission: Österreich verstösst gegen Aarhus-Konvention
Today, the European Commission decided to send a reasoned opinion to Austria (INFR(2014)4111) to correctly implement into national legislation all the requirements of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention). The Commission is committed to strengthening environmental rule of law by ensuring that laws are widely understood, respected and enforced and the benefits of environmental protection are enjoyed by people and benefit the planet. The Aarhus Convention is contributing to strengthening environmental democracy by making sure governments to provide and to maintain the necessary administrative, legal and practical structures to guarantee the rights of access to information, public participation in decision-making and access to justice in environmental matters.
The Commission sent a letter of formal notice to Austria in July 2014, followed by an additional letter of formal notice in June 2021, because the country did not grant Non-Governmental Organisations (NGOs) and individuals legal standing before a court to challenge decisions or omissions adopted in violation of EU environmental law.
Despite some progress, the Austrian legislation still does not ensure the right of the public to a judicial review of all relevant acts or omissions within the scope of EU environmental law. This concerns, in particular, a wide range of administrative acts of a regulatory nature, including ordinances providing for derogations to the rules on the protection of strictly protected species, omissions to carry out an appropriate assessment, application of the Invasive Alien Species Regulation, assessments under the Water Framework Directive, as well as plans and permits under the Waste Framework Directive.
Therefore, the Commission has decided to issue a reasoned opinion to Austria, which has now two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
(Quelle: EEB, iidma instituto international de derecho y medio ambiente)