Participatory and Procedural Rights in Environmental Matters

Transparency and public participation in decision-making are fundamental principles of EU Treaties (Articles 1, 10 and 11 of TEU and Article 15 of TFEU). Both Air Quality Directive 2008/50/EC and Noise Directive 2002/49/EC attach considerable importance to transparency and to citizen participation. Air Quality Directive 2008/50/EC provides for daily information to be made available to the public which informs of the status of ambient air quality, exceedances under Directive 2008/50/EC, long-term objectives and other details. Furthermore, the public concerned must be informed of any exceedance of information or alert thresholds, of short term action plans and air quality plans; detailed provisions clarify the information obligations. Participation of the public is not foreseen in the elaboration of air quality plans. However, this participation is ensured via Annex I(f) of Directive 2003/35/EC which explicitly refers to EU ambient air legislation. Noise Directive 2002/49/EC provides that noise maps and action plans are made publicly available and that the public concerned may participate in the elaboration of noise reduction action plans.

Both Directives assume thus - with some justification - that transparency and public participation will lead to results that better balance the diverging interests at stake and lead to better acceptability of the measures taken by public authorities.