Chapters

• Public Participation under the EIA/SEA Directives
• Foreword
• List of Topics
• Setting the scene
• Public Participation („P2“)?
• Public consultation event about urban planning in Helsinki
• „The Ladder“
• Public participation: a cornerstone of (global) environmental law
• Better decision-making process
• Meeting the challenges of our time
• SEA-Directive
• What does the EU do to achieve better decision making in environmental law?
• Programmes, plans, projects that …
• … „are likely“ … to have such effects
• Procedural Steps
• The current EIA-Directive (amended by 2014/52/EU) defines in Art. 1 (2) g
• Environmental impact assessment means a process consisting of: 1st step
• 2nd step
• 3rd step
• 4th step
• 5th step
• All five steps
• The procedural steps of the SEA are similar
• Who shall participate?
• Definition of „the public concerned“
• Access to justice for NGOs („Trianel“)
• The Parties (typical triangle of public construction law)
• The Land NRW (State) issued a permit to Trianel (Company) allowing the building of a coal-fired power station
• The NGO (BUND / Friends of the Earth)
• Firstly, no doubt about this
• At the time (2010) the question was all about the „locus standi“ or standing of the NGO
• The (first) German legislative approach was to confer standing to ENGOs as if they were a neighbour with property rights (!)
• Art 11 EIA Directive (= Art 9 Aarhus Conv.) provides
• Art 11 (3) EIA Directive states
• CJEU, C‑115/09, 12 May 2011:“Trianel”
• CJEU Case Law on the Application of Directives
• Directives and the Domestic Judge
• Do‘s and Don‘ts
• Toolbox of the National Judge in line with the SEA/EIA Directives