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Núm. Nacional de Inscripción: 586196 – CIF: G99135014 P° MariaAgustin, 3,dcha. Postal address: E-mail address: + (34)Direct 661168203 tel.: Author: FeSanchis-Moreno Legal analysis of the ConventionLegal analysisAarhus in of Spain [email protected] Santander, 2008 10July E-50004 Zaragoza, Spain E-50004 Zaragoza,Spain 1 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 December 2004, published in the Spanish Official Journal on February 16, 2005 and 2005 16, force onMarch29,2005. into came February on Journal Official Spanish the in published 2004, December The international law.” norms withof the or providedtreatiesaccordance general thein manner in or in for suspended themselves modified, abolished, be only may provisions Their order. legal internal the of part constitute shall Spain 1 been not has it however, 2003; February signed 212008. by The Spain was ratified in yet. GMO21 amendment May in Spain by signed was Protocol PRTR The October 192006. and Convention Aarhus since Act force the This from 2003/35/EC. Directive arising and 2003/4/EC obligations Directive implementing the meeting by rights, these of application the for framework legal a create to passed was It approved. was matters 2006, environmental 18 in justice to access and participation, public information, July environmental on addition, In programmes and plans certain of up drawing the environment.relating to the of respect community in participation of public effect direct the and information, environmental to thanks amended legislation: also were regulations These applicable directly are . application. a achieve correct to national legislation of specific Conventions International legislation. adoptionthe necessary be may it case, the not is this if executed, self are they whenever local and regional national, over prevails therefore, acts, Spanish by suspended or amended, abolished, be cannot it other, the on Constitution, Spanish the of provisions the with comply to has it hand, one On position. preferential a has Convention a system legal Spanish the Under existing force, into entry its Since it. with amended. rights’ wereautomatically ‘Aarhus forso-called regulations comply must bodies, judicial including bodies, administrative all and people, the of rights regulates and recognises obligations, enforceable therefore is and law Spanish of part became Convention The

Spanish Constitution, art. Constitution, Spanish I. ahs Convention Aarhus July 20 of 2006 but the access to justice provisions provisions justice to access the but 2006 of 20 July . . . Aarhus of transposition and ratification Convention country,in particular: in respective on information General ietv 034E f 2 aur 2003 January 28 of 2003/4/EC Directive Whether the transposition, including amendments, was formally finished amendments, was the including Whether transposition, national system legal your in convention of international type of this position legal the is What theWhen ratified was AC 96 (1): “Validly concluded international treaties once officially published in published officially once treaties international concluded “Validly (1): a ind b pi n 2 ue 19, rtfe n 29 on ratified 1998, June 25 on Spain by signed was Directive 2003/35/EC of 26 May 2003 May 26 of 2003/35/EC Directive c 27/2006 Act euaig te rgt f acs to access of rights the regulating n pbi ces to access public on came into force only on only force into came providing for providing 1 . It imposes It . has been in been has 2 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 mat Assmn n Blae sad; At 1/06 f 1 f Dcme, on December, of 11 of 17/2006, Act Islands; Strategic and Baleares Assessment Act in Impact Andalucia; Environmental Assessment in on Quality Impact September Environmental of 14 of of Management 11/2006, Integrated January on of July, 11 of of 1/2008, 9 of 7/2007, Act level: regional Council at mentioned be can acts following the others, amongst in Order far, So mentioned. the be can legislation impact environmental national of consolidation approving At levels. regional of national the number at and a rights these of of exercise amendment the or governing regulations adoption and the acts subsequent for point starting the was 27/2006 Act 7 option=com_docman&task=cat_view&gid=18&dir=DESC&order=date&Itemid=50&limit=7&limitstart= http://www.participate.org/index.php? de elat: Convenio 2002QueAarhus? Available And: EuropeanECOForum es Id_contenido=13806&Id_tipo CIMA. AvailableCantabria. at: Convenio Aarhus. ambiental en lade informacion el acceso a http://www.abogados.es/portalABOGADOS/archivos/ficheros/1193946142239.pdf at: dela JusticiaAmbiental –Convenio Available Aarhus. http://www.eeb.org/activities/transparency/Aarhus_survey.html Available yenEEB. at: en España. Aarhus la UE de del Convenio ambiental”.Aplicacion justicia materia In: La a en la comunitaria al acceso relativa posiblesuna los anddirectiva 2003/4/CElas sobre Directivas “Reflexiones de y2003/35/CE” beneficios de de la aplicacion la perspectiva de endeldesde Convenio Aarhus España Sanchis, F. 2007.“Aplicacion all had of limited them Threepublications.of werethese prepared publications non-governmental andbyorganisations, toAarhus these rights 10the in past Spain in years, only aboutfourrelevantknowsauthor 2 efficiently. them about rightsto orhow exercise Aarhus know organisations citizens’ other and organisations non-governmental environmental rights from these even or judiciary, of the administration, the public, exercise the from people few and very result, existence the about information “friendly” even or programs, building capacity and training or awareness, public increase to activities by accompanied it was Nor laws. these all with for complying means and personnel i.e.: budgets, appropriate with accompanied not was process legislative long this Moreover, directives. and the providedConvention Community by fromthe different those rights Aarhus of exercise effective an promote to arrangements” “practical introduces have efforts all almost signed, rarely and over thing same the repeats generally that was legislation producing into put been Convention the since passed that years 10 the In on March, of 8 of 4/2007, Mancha. in Castilla La ImpactAssessment Act Environmental and Cantabria; in Control Integrated Environmental

To illustrate To this, with toincreasingregard illustrate awarenessand related information about activities II. Overall framework and context of AC related contextOverall ofAC issues frameworkand . . Any other information on transposition you ontransposition consider necessary Any information other AC transposed bywhich the was Names ofnational act(s), distribution,although are they available on-line. These are publications the following: = = http://www.medioambientecantabria.com/colec_manuales/ampliar.php? Guia para las autoridades publicas de Guia publicas paralas autoridades Sanchis, F. 2007. Guia sobre el Acceso a 2007. Guiael Acceso Sanchis, F. sobre : Salazar, E.2006. 2 . As a As . El El

3 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 article 45 the “right to enjoy an environment suitable for the development of the of development the for suitable environment an enjoy to “right the 45 article Constitution, Spanish The powers and responsibilities of andpowers local responsibilities councils. 4 caused.damage obliged and administrativeparagraph, sanctions,penal bethey asshall shall repair established the or applicable, to and foregoing the protecting of provisions the of violate who purpose those For (3) the solidarity. collective indispensable for an resources on themselves supporting shall environment, natural the authorities restoring and all protecting public and life The of of quality the (2) improving use it. rational preserve to the duty with the themselves as well concern as person the of development the for The interests. legitimate 3 and in justice rights to access of for procedures legal ordinary to procedure resort to necessary is it environment; the specific to exercise related matters or right the a establish in not does courts Constitution the of effective obtain to protection right the fundamental as recognizes Constitution the obstacles of 24 Article any remove to obliged are which authorities, impeding it. public actively the be to by has exercise whose facilitated right fundamental a is affairs public in to right participate the But right. non-fundamental a as recognized is files and registers public in 9(2), articles in out contained information to access of right The set Constitution. Spanish the of 105 and 23(1) is participation public and information to access of right The considerable have also environment town management, councils waste urban or parks, local planning, e.g. issues, environmental responsibilities, some on non- regional responsibilities transport, etc. management, these works, forestry own public livestock, their Besides and fishing, agriculture within and airports, responsible and hunting also ports as commercial are such and matters protection for legal establishing territories of and standards legislation high set environmental basic to able are providing regions autonomous 17 Spain’s protection. environmental of levels common for complex responsible a entails been 149 and 148 has government articles central 1978, Since matters. environmental in for situation administrative out set between government distributed regional and responsibilities central environmental of framework constitutional The and applicable. be invoked can that then bybe legislation developed to needs Constitution Spanish the of 45 article Therefore, right. fundamental a is which 15), (art. integrity moral and physical and life to protection right the to given of is example, for than, degree lesser a affords Which policy. social and economic for principle person”

Art. 45 of Spanish Constitution states that: (1) (1) that: states Constitution Spanish of 45 Art. Act 7/1985 of April 2 regulating the basic legal framework for local government, which sets out the out sets which government, local for framework legal basic the regulating 2 April of 7/1985 Act information, which is important in a respective country. For acountry. respective isimportantexample: information, in here which include can organization each however, A2J; the is analysis our of Focus 3 oee, ti s nt poie s a fnaetl rgt bt a guiding a as but right fundamental a as provided not is this However, . . 4 . o s i cetdrfetd i tiue n eiinmkn of decision-making and attitudes “post” Aarhus –“pre” and oftheassessment situation your is in what public; of representatives as accepted/reflected well as authorities competent it – addressing is is it issues how and AC the for relevant atmosphere General siting and authorization of activities that can have an impact on the on impact an have can that activities of authorization and adopted in 1978 after 40 years of dictatorship, dictatorship, of years 40 after 1978 in adopted everyone has the right to enjoy an environment suitable environment an enjoy to right the has everyone recognizes in recognizes 4 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 to justice on environmental matters, have been developed through a range of specific of range a through developed been have matters, environmental on justice to access and participation public information, environmental to access rights: Aarhus The any in and provides so law to litigate. insufficient means case have forthose who the when charge of free be shall Justice that by establishing justice to access to able is Finally, everyone that acts. guarantees Constitution sectoral the regional of 119 and article national by developed been has action” activity “popular an this of scope challenge and use and The environment. the courts as such interest, the collective a affects before which go to right the organizations it implicitly, 125 article in However, protection. so-called for judicial provides effective on law general in provided f Drcie 20/5E ail oiid eitn ulc priiain rgt, the rights, participation public existing modified tacitly 2003/35/EC Directive of application direct the and Convention Aarhus the of ratification Spanish the Although just has preparation Its 2008. June Aarhus in the to (Latvia) on9March2009! to isexpected be andready it started Parties Riga the in of place Meeting took 3rd that the Convention to Convention Aarhus the on Report that mentioning worth is it rights Aarhus of exercise the regarding atmosphere general the illustrate To and regional local. involved: national, levels administrative different the at data updated appropriate obtaining in difficulties of because situation the factorsassess properly to difficult main is it Currently, situation. the this behind of one as seen be democratic can issues of environmental in Lack interest of organisations. and culture environmental Spanish of most the about including said be public, can same the rights, Aarhus of unaware remain bodies judicial and overall Administrative an observed. be cannot rights Aarhus developments, of practice in improvement legislative dramatic specific and background constitutional Despite and real a requesting by them reinforced effective inexercise. and field environmental justice the under rights to access three these of content the developed Convention Aarhus the of ratification Spanish The and participation public information, matters,etc. environmental in environmental participation public to for access to right mechanism the on 12, December of 38/1995 a Act assessment; impact environmental establishes which impact regulation, environmental the assessment on 1302/1986 Council in Order files; and registers official popular in contained information to access and procedures in administrative parties of interested regulating participation the defines 26 which public procedure, of administrative March common framework and legal administration of the on 26 3/1984 November of Act 30/1992 Act Organic initiative; legislative e.g. 1978, since legislation relation to A2J or how is Art. 6.1, letter b) applied in ourcountries A2J in isArt.6.1,letterb)applied orhow relation to . i. Administrative standing in environmental matters – for example its example for – matters environmental in standing Administrative i. A brief summarization of other two pillars, concretely: twopillars, ofother A summarization brief the Spanish government did not submit the National Implementation National the submit not did government Spanish the actio popularis actio

(or “popular action”), “popular (or which gives citizens and, citizens gives which 5 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 h c 720 lo poie o pcfc rglto f pbi participation public of regulation specific be may as others quality and air waste, and packaging package nitrates, waste, batteries, a to related programmes and for plans of review and provided amendment preparation, the regarding also 27/2006 Act The impact environmental national existing of consolidation legislation. a approved January 11 of directive Community the of and Convention matters, environmental in Aarhus the of both requirements the meet to control prevention and pollution integrated justice to access expressly and participation public information, 27/2006 Act of approval 7 Integrated on July, 1 6 of 16/2002, Act modified public Pollution and Control. Prevention 2 no. disposition of additional And Assessment. right Impact the of exercise 5 the review where judicial situation or the appeal administrative address specific to establish procedures not does 27/2006 public Act the way, this in avoiding, even or decision in process. the making involvement limiting procedure, assessment impact “general of concept wider a environmental the of application the use from projects specific exempt to way a as to interest” observed be can trend increasing an years last In in this regard. issues major the of two are part taking for time-frame “reasonable” a as considered be should what and stage early an in participation of Lack participation. provisions public regarding Aarhus the with compliance of is level satisfactory it a however, about aspects; speak to and difficult levels some in mentioned effective be an can in progress part Some take manner. to building capacity and information lack also particular, in organisations and non-governmental the in On otherpublic general procedure. hand, the participation public a with deal to means enough and personnel trained lack generally, and, procedure, participation public this effective an manage of or with scope deal to the how on right, on information appropriate lack generally procedures participation public conduct to obliged authorities that the said be influence can It to authority. the capacity of decision little final very with procedure formal as seen decision- usually environmental is in making participation public the developments legislative Despite public information, pesticides, to the and and matters, environmental into access in legislation provided matters forby regional any other justice substances to biocides access assessment, and of decision-making in impact participation releases including and environmental discharges products, environment, emissions, chemical other biotechnology, management, management, forest and woodlands biodiversity, waste and conservation nature and use, planning urban land and rural pollution, air soil, of protection pollution, noise against the to related dispositions general of review and amendment preparation, the in participation regions public regarding provisions autonomous different the by established

Art. 18. Art. 16and 17. Arts. Additional disposition no. 1 modified Order in Council 1302/1986, of 28 July, on the Environmental the on July, 28 of 1302/1986, Council in Order modified 1 no. disposition Additional modified existing legislation regarding environmental impact assessment and assessment impact environmental regarding legislation existing modified of July 18, regulating the rights of access to environmental to access of rights the regulating 18, July of following matters: protection of water, protection water, of protection matters: following 5 . More recently, Order in Council Council in Order recently, More . 6 Bsds t poie o specific for provides it Besides, . 7 . 1/2008, 6 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 exercising this right before the courts because of the costs (i.e., lawyers, solicitors, lawyers, (i.e., costs the of because courts the before right this was participationexercising an that public nullifying or decision comments required court public without account a made into see take to not rare did very that is decision administrative It decision. final final the the over all -- at influence outcome any have not and does which authorities procedure public formal a by as seen judges still is participation public because firstly, be explained, can situation This matter. additional an as addressed is to participation public access of lack the author’s Often exercised. the rarely the of issue the To and legislation is environmental other of violations on grounded cases cases. is justice these these in in justice to applicable access are knowledge, appeals judicial and administrative authority public a of omission or act an by impeded is participation Implementation 90/313/EEC Directive andImplications of 11 court final a obtain to years 9 decision from from Court, the date this to 5 from takes it that shows present until 2003 from law administrative on Justice of Court Supreme participation the of decisions court environmental public of overview An remedy. your seeking the using public the of 10 comments the by theauthoritiesdisregarded. public that procedure provided information of technical Resources Natural and Managing for Plan the scientific approves the on based Space, Natural that (Palencia) Palentina Cobre-Montana Fuente and July, Carrionas Fuentes 16 of 140/1998, Decree amending March, of 9 I of 13/2006, Annex Decree void and null found decisions) administrative against (appeals 9 8 environmental of provision active of development Poor matters. requested all covering “administrative made has wasnor developed fully was it said be cannot it although bit; which a improve did information situation a all, at procedure administrative of cornerstone a answer silence” to not been been has they custom have Nor possession. their in decades the during recent requests.Infact, citizens’ tonot accustomed replying promptlyto information have the and to transparently access acted citizens not allowed have authorities public Spanish Traditionally, legal existing with compliance in Spain. force Aarhus into entered timethe provisions atConvention the in was information environmental to be access cannot that it said environment; the on information and information to administrative access general on 1958, transparency more from and openness dated regarding which improvements some procedure, brought administrative on legislation general amending European the by Spain November 26 of 30/1992 Act besides act this of application against the Although Commission. opened an non-compliance after for December procedure 12 of infringement 38/1995 Act trough transposed was 90/313/EEC Directive the since Spain in existed information environmental to access on legislation Specific court administrative the of length excessive the court obtain decisionprocedures to a and fees) experts’ and technicians

Art. 21(1)Act 27/2006. Art. of

Very recently, a landmark court decision, Decision no. 20 of the High Court of Castilla and Leon and Castilla of Court High the of 20 no. Decision decision, court landmark a recently, Very The length of judicial procedures depends on several factors, including the type of court you address in address you court of type the including factors, several on depends procedures judicial of length The e aci,F 96 pi Catr1)i:in: 12) (Chapter Spain 1996. F. Sanchis, See pcfc trs o efrac o ulc atoiis t ae relevant make to authorities public for performance information public) of terms specific of lack and provisions vague (e.g. countries your in information environmental ii. Situation of A2I – what are the most significant limits of access to access of limits significant most the are what – A2I of Situation ii. of the first judicial appeal before acourt. lower of before the firstappeal judicial 10 . Access to Environmental Information in Europe. The Europe. in Information Environmental to Access 9 eody epe ae dsudd from dissuaded are people Secondly, . . Kluwer Law International Law . Kluwer 11 . Active provision of environmental of provision Active . 8 . Existing general Existing . 7 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 the procedure to follow and usually need to hire a lawyer to obtain the information time the the and obtain costs the to increases substantially lawyer This procedure. a administrative the hire under to need usually and follow to procedure the be problems of aware not always are People Great answer”. “positive this materialise to response. try people so-calledthe when arise positive must a becomes the information information environmental for of environmental request issue for requests major reasoned to the denials) address (including specifically not silence” “administrative does 27/2006 – Act silence” “administrative – responses of lack ofaccesstoinformation. poorlevel environmental produced a with combination in information eadn o-opine o pi. Te cmuiain ws fud iiily amsil t te 20 the at admissible initially found was communication 2008. Committee 8-10 Riga meetingheld in June The Spain. of non-compliance regarding by Committee Compliance Convention Aarhus the of attention the 15 14 13 Act 27/2006. 12 requesting anyone Therefore, applicable. are procedures appeal court specific administrative a establish authority public a not of does 27/2006 is information environmental to access of of right Act the exercise the when remedy that a for procedure review mentioning judicial or appeal worth administrative is it Finally, with thiscompliance requirement reasonable be environmental should supplying for information charges that requests specifically not does 27/2006 Act obligations their of aware not are requesters. information to environmental authority directly provide under to this act public a as acting persons Presumably, procedure. these appeal of this most of use the or legal, or natural persons, addressed to requests directly information environmental on established available the data within no complaint are the There period. about decision no is there when operate how would explained it is Nor complaint. the of content the as such and enforceable are directly There person. legal is complaint or natural the the by ignored is comply to order about the if imposed be could penalties financial body administrative the by decision made The person. legal or natural that with of body functions administrative the the over with control directly complaint a lodge to allowed is body requester administrative an of control the under environment the to relation in services providing is or functions, or responsibilities public has who person authority public a as acting legal, or natural whether person, a to is information environmental to access of procedure specific A positive the following “obtained” information the silence. ofadministrative response access to public the for involved

Article 21 and 2(4.2) of Act 27/2006. 21andof 2(4.2) Act Article Art. 4(8) of the Aarhus Convention and 5(2) of Directive 2003/4/EC. 5(2)Directive Convention 4(8)the Aarhus and of Art. of Arts. 4(7) of the Aarhus Convention, 4(5) of Directive 2003/4/EC and 10(2) in fine, 11(3) and 13(6) of 13(6) and 11(3) fine, in 10(2) and 2003/4/EC Directive of 4(5) Convention, Aarhus the of 4(7) Arts. Charge of unreasonable costs for accessing to environmental information is one of the issues brought to issues brought of the one information is environmentalto accessing for costs unreasonable ofCharge 12 . Under the general administrative law, a lack of response in due time to a to time due in response of lack a law, administrative general the Under . is created under Act 27/2006 to regulate situations when the right the when situations regulate to 27/2006 under Act created is . In these cases, the general existing administrative appeals and appeals administrative existing general the cases, these In . no further specifications on the the on specifications further no (a lack of official response). Theoretically, legally, responses legally, Theoretically, response). official of lack (a 15 . 14 hr r led eotd stain f non- of situations reported already are There . impeded by an act or omission attributed omission or act an by impeded impeded by an act or an omission an or act an by impeded the first communication of the public the of communication first the new complaint procedure complaint administrative silence administrative 13 . In these cases, the cases, these In . ,

t hat is to say, a say, to is hat 8 , th Núm. Nacional de Inscripción: 586196 – CIF: G99135014 atr: css (.. ayr n oiios fe) n h xesv egh o the of length final a excessive obtain to the years 6-8 and court decision). and year fees), 1 between solicitors (i.e., procedures and court administrative lawyers (i.e., costs factors: the two of combination a of before because right this exercising from dissuaded are information People courts. environmental to access procedures to related appeal cases brings one existing no almost general use can information environmental rmwr f pbi diitain ad cmo diitaie poeue n te applicable other and 17 procedure, administrative on AdministrativeJurisdiction.”July 13 of 29/1998 Act in common provided as review judicial for appeal and an applicable, if as, well as administration legislation, public of legal the on November framework 26 of 30/1992 Act of VII Title in provided as appeal administrative an file may participation public and information regards as act this in enshrined rights the infringes authority public 16 as party interested of definition administrative common “interested follows of the but concerned” following “public of definition public”, a include not does 27/2006 Act

Art. 2 of Act 27/2006, which refers to art. 23. refers 2 of art. Act to which Art. 27/2006, Art. 20. 20. Art. III. - - Article 2.5,Definitions rvsos o ainl lgsain o hr plcbe – b national by – applicable where – or Aarhus legislation the countries: ofourrespective jurisprudence relevant national of by mostly of provisions – systems following provisions legal national the our in are incorporated how Convention describes sections This ea rmwr f pbi diitain ad cmo administrative common following the requirements: organizationany meeting non-profit and administration public of and procedure; framework legal 30/1992 onthe article 31ofAct anunder interest anyone to isdeemed have who 17 . : : Appeals. “ Appeals. incorporated into ournational legislationincorporated into decision-making” environmental the in, interest an having or by, affected be to likely or affected public the as – concerned “Public definition the is How Particular issues: . . . Any citizen who believes that an act or, if applicable, omission attributable to a to attributable omission applicable, if or, act an that believes who citizen Any it was legally established at least two years before the action is action the before years two least at established legally was it element particular any of or general thereof in environment the of protection the include expressly bylaws its in provided aims the affected by the administrative act or, if applicable, omission or, if applicable, act administrative byaffected the is that territory a in bylaws its to pursuant activity its performs it bylaws its in provided aims the pursuing actively been has and brought : 16 However, . 9 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 Art. 31 of Act 30/1992 states the definition of interested parties in administrative in parties interested of definition the states procedures follows: as 30/1992 Act of 31 Art. 18 Convention Aarhus the by down laid principles the of some against go can criteria these of some that and interpretation, for criteria further need others while checkable, objectively and easily are requirements that these of some that is account into Taking concerned. public of concept NGO the under included clear environmental established make legally every that to avoid to way limits as setting a at or aiming criteria, as these meeting seen when concerned be public always can are NGOs 27/2006 environmental Act by adopted definition The common the environment Under the being law. interests, collective asinterest. collective considered a Spanish a of in holders an as promoting exist procedure participate to administrative previously able be to not used NGOs did environmental law administrative NGOs, say to is that organizations, non-profit to applicable requirements these that stressed be should It Aarhus ratified: was Convention the after requirements three following the introduced 27/2006 Act above, mentioned As a have to deem would interests social in down legislation. laid as interest collective and economic representing NGOs Besides,

Arts. 3(5), andofArts. 3(6) 3(9) the Convention. - - - collective interests may be affected by the decision and become a party to the to party a become and decision the or by affected individual be legitimate may interests whose collective but procedure a initiated not have who Those procedure. in the the taken decision by affected be may rights whose but procedure a initiated not have who Those and rights. interests or collective individual legitimate of holders as action administrative the promote who Those . ismade. decisionprocedure final beforeonthe the procedure governmental organizations promoting environmental protection? protection? environmental promoting organizations governmental non- for set are any, if – law” national under “requirements - criteria What . . . affected by the administrative act or, if applicable, omission or,if applicable, act administrative byaffected the is that territory a in bylaws its to pursuant activity its performs it bylaws its in provided aims the pursuing actively been has and brought is action the before years two least at established legally was it element particular any of or general thereof in environment the of protection the include expressly bylaws its in provided aims the 18 and were established after its entry into force, the force, into entry its after established were and 10 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 to NGOs that were granted with it before on the basis of existing legislation. ofexisting basis before with onthe it weregranted to that NGOs aid free legal obtain to right the denied to used recently were criteria these instance, For concerned. public of scope the limit to down laid were they that opinion the of is author on access to justicein to matters.on access environmental 21 20 19 environmental as regarded following with dealing as the matters: is legislation what of list a 18(1) article under includes 27/2006, Act individual in sphere. has the or omission challenged decision act, the that effects the to linked be should interest this interest, environmental an defending court administrative an addresses person a when Although environment. a healthy a to or life holding to health, to right as such imply ones, vague more involve can necessarily it property; not broad does and a individual or right. made subjective direct be has to have jurisprudence not does Constitution the the on based concept, interest legitimate of juridical interpretation indeterminate an Being interest. showsthat a legitimate plaintiff the to legislation review judicial administrative the under granted is standing exercising citizen any to popularis and interests; legitimate collective to and allowed legally rights or defend affected entities and unions trade associations, corporations, to interest; legitimate a or right a holding persons legal and natural to granted is courts standing administrative to legal access and seeking those capacity for procedural criteria establishes standing 29/1998 Act applicable. is review judicial a to access to prior procedures review administrative of exhaustion of requirement The

Milieu Ltd. 2007 Ltd. Milieu 24(1).Art. 19/1998. 18and 19ofArt. Act . Article 9.2.,specifically: . Article 9.3,specifically: . -“protection of water, -“protection sufficient interest” OR “public concerned maintaining impairment of a right to review a to access provide legislation of our does Or provision? this impairment to according maintaining concerned “public OR interest” sufficient a having concerned “public for procedure review to access guarantee legislation our Does provision? this in “alternatively” word a of interpretation the is What o os or ntoa eilto r jrsrdne itrrt ad apy the apply and interpret jurisprudence or the law environment”? relating to phrase “provisions ofnational legislation national our does How of our member/s by such right” identified a are right? isaofsuch content right –what who ofa public impairment maintain of How jurisprudence? impairment or “maintaining legislation of national interpretation the is What BOTH groups? when expressly provided by an act. Thus, the general rule is that legal that is rule general the Thus, act. an by provided expressly when 21 Country Report forCountry in: Spain Rights and interests alleged should not be only respect of privacy or privacy of respect only be not should alleged interests and Rights Report on the inventory of EU Member States’ measures inventory EU of Member Report onthe 20 . A legitimate interest legitimate A . 19 . Amongst others, Amongst . actio 11 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 24 23 and administrativeprocedure. common 22 involved silence administrative was there to whether appeal administrative another lodge to prefer may party on interested the Alternatively, depending months, six or two within courts administrative the in against appealed be can i.e.: it review, to subject all, at decision no is appealat onthe all there or response no or response negative a satisfactory was there whether on depending months, six or two not within court administrative an before is lodged be may appeal an appeal silence, administrative decision the the When months. on three within notified notified decision the and resolved month be one must within lodged be must appeal administrative the authority; are twopossibleThere options: decision. or act administrative an challenging appeal interested administrative an allows lodge to It parties court. administrative an before case a bring to order in exhausted be must procedures administrative common that requires procedure administrative common The and administration 13 public July of of 29/1998 Act to framework Jurisdiction. regulating Administrative according review of legal judicial 30/1992 and Act the procedure; of administrative - on acts” administrative 26 of review November “Administrative - VII Title in established ones existing the are authority public a of omission or act an by legislation environmental of breaches challenging for available procedures that states 27/2006 Act the by mentioned expressly is purposeofAct 27/2006.stated it as list non-exhaustive a be to considered is list This

Arts. Arts. Art. 46 of ActArt. 46of ActArt. . 114 and 115 of Act 30/1992, of November 26, on the legal framework of public administration public of framework legal the on 26, November of 30/1992, Act of 115 and 114 - If there is no body superior to the authority responsible for the act or decision or act the for responsible authority the to superior body no is there If - superior hierarchical a has decision or act the produced that authority the If - legislation”. provided matters forby regional - any other to access inmatters,justice environmental and decision-making in participation public information, to access - impact assessment,- environmental the into environment, ofsubstances discharges and releases - other emissions, - biotechnology, and pesticides, products, includingbiocides - chemical - waste management, and forest- woodlands management, and biodiversity, conservation - nature use, and urbanland planning - rural and - air pollution, - protection ofsoil, noise pollution,- protection against procedures” – what quality such procedures have according to our legislation our to appeal)? includingright making decision (e.g. twoinstance to according have procedures such quality what – procedures” judicial or administrative to “access interpret legislation national our does How 29/1998, of 13,regulating 29/1998, July Jurisdiction. Administrative of 13,regulating 29/1998, July Jurisdiction. Administrative 23 . 22 . This appeal This . 12 24 . Núm. Nacional de Inscripción: 586196 – CIF: G99135014 the request of interested party, may adopt appropriate precautionary measures mayappropriateprecautionary ofinterestedparty, adopt the request decision court the of enforcement provisional the from prevent review to subjected are decisions and orders court instance first that is jurisdiction administrative the of rule general The the on decision tacit a or express an was the silence. i.e.appeal, administrative there be whether would on depending then months, only six month; one or two within court within administrative the with appeal an notified lodge to allowed party interested and resolved be must appeal act the produced or decision the made that authority same the by review a seek 31 30 Prosecution. 29 28 27 26 and administrativeprocedure. common The confusion. 25 of lot a is that entities, qualified to only granted is standing create legal that opinion the out/have find standing, legal is addressing regulation this that is conclusion 23 article of wording “ of recognition legislation environmental of breach in act to fails or acts authority public “ to right the recognises it although procedures, review judicial administrative or appeal administrative specific establish not does 27/2006 Act process criminal the reservations. expresslymade has which about offence an from arising or offence, an from arising not liability civil concerning matters to correspond would environment, the to relation in jurisdiction, this of application The parties. affected directly to limited is access This declared any person. legal or natural any by caused is damage when possible that is access This however. add should We prosecutor. liability. civil public a implies liability of criminal role the in acting even and offences, of investigation the in prosecutor public the assisting prosecutor, private a as acting suit, criminal a to party a becoming by -- environment the protect help therefore and proceedings criminal to party a become can NGOs and individuals courts, criminal environment” the of and heritage historical of protection and planning country and to town related “Offences Code: Criminal the of XVI by Title regulated are exercise to right the law. criminal specific any or Code Criminal the by regulated provisions criminal of breach a commits address not does 27/2006 Act courts that underline to important is It

Art. 84of ActArt. 29/1998. 29/1998. III of Act Chapter Art. 22 of ActArt. 27/2006. Code. of 10/1995 319-340 November23onthe Criminal ofArts. OrganicAct 83of Act Art. 29/1998. Arts. Arts. Art. 19 of Organic Act 6/1985 of July 1 regulating the Judiciary and art. 101 of the Act on Criminal on Act the of 101 art. and Judiciary the regulating 1 July of 6/1985 Act Organic of 19 Art. . . This access is granted whenever a public authority, or a natural or legal person, legal or natural a or authority, public a whenever granted is access This . 116 and 117 of Act 30/1992, of November 26, on the legal framework of public administration public of framework legal the on 26, November of 30/1992, Act of 117 and 116 to the environment?to the relating law national of provisions contravening omissions and acts challenge to public the of members for set legislation national our does any, if criteria, What Actio popularis popularis Actio actio popularis actio actio popularis actio

is granted for environmental crimes environmental for granted is ”, the wording of article 22 that addresses it and the and it addresses that 22 article of wording the ”, 26 . Lodging an administrative judicial appeal does not does appeal judicial administrative an Lodging . far from establishing establishing from far in respect of criminal offences. Criminal offences Criminal offences. criminal of respect in Access to civil courts courts civil to Access ci ouai” popularis”, actio actio popularis actio 27 , although the judge, at judge, the although , has not been modified been not has 29 access to criminal to access . Every citizen has citizen Every . 30 . By accessing By . 31 . Instead, we Instead, . . Despite the Despite . whenever a whenever 28 . 25 . This . 13 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 euae o h is ie rgrig acs o amnsrtv uiil review judicial administrative to access regarding are time which requirements, first procedures: following the the fulfil for that regulated organisations non-profit say, to 32 is law judicial criminal precautionary measures and administrative it jurisdictions three the of civil, all In here. applicable common Therefore matter. on provisions this of specific “reparation introduce not is: does 27/2006 version Act Spanish Furthermore, order”. the damages by used term The measures”. as “precautionary system legal our under known relief”, “injunctive of translation clear a for provide not does journal the published official oftheConvention in The Aarhus Spanishversion The parties. affected reservations. expresslymade has theprocess about criminal which directly to correspond to would environment, limited the offence an from arising or offence, an from arising not liability civil concerning to matters is relation in access jurisdiction, this This of application person. legal or natural any by caused is damage when possible is Access 27/2006. Act by modified been not popularis to criteria Regarding standing. legal organisations avoid environmental aas meansgranting to decisions court administrative disposition Some this use others while disposition, this of views. grounds the on standing legal grant both supporting examples find can We authorities. public by made legislation environmental of breaches court a before bring to citizen every of right the recognise to tendencies legislation sectoral administrative environmental and jurisprudential, constitutional, existing the of because backward step a as this see author) the (including others while NGOs, for standing legal of recognition improvingforwardin step aas provision this professionals see and commentators Some

For instance, arts 129 to 136 of Act 29/1998. 29/1998. arts 136ofFor instance, 129to Act . Article 9.4,specifically: national legal system provide for its enforceability? enforceability? provide forits national system legal legislation national our does our does how and relief injunctive issuing for relief” set are conditions What establish? “injunctive of forms and qualities What is granted, that is to say: every citizen has access. access. has citizen every say: to is that granted, is . . . affected by the administrative act or, if applicable, omission. or,if applicable, act administrative byaffected the is that territory a in bylaws its to pursuant activity its performs It bylaws; and its in provided aims the pursuing actively been has and brought is action the before years two least at established legally was It thereof; element particular any of or general in environment the of protection the include expressly bylaws organizations the in provided aims The 32 ces t rmnl jurisdiction criminal to access . is possible to request the adoption of adoption the request to possible is s epand aoe above, explained as , Access to civil courts courts civil to Access actio has 14 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 interest” such as the protection of the environment. And therefore there are no well- no are legal there therefore “collective And these environment. a the because of not protection and the Mainly as interests such private taken. interest” protect often to designed not originally is were are it measures measures though Thus, such them. pay possible, to afford legally cannot usually – the NGOs for – order entities in non-profit deposited be must which bond and expensive prohibitively be to tend bonds surety These be implemented. to measures surety a set may authority judicial the at ordered the cases Inthese to considersthem be theapplicable. court party whenever request ofa be can measures precautionary these jurisdiction administrative the In practice. into put be to decision judicial future a allowing measures adopting or effects futureits anticipating resolution, ofa effectiveness orto ensurethe have effects harmful to liable situation a of continuation the impeding at aimed are measures Precautionary 37 36 or circumstance.” condition social or personal other any or opinion, religion, sex, race, birth, of reasons for discrimination 35 Geneva,York 2000. and 34 Geneva, 2000. 33 just of interests parties.one ofthe the protect or partially act they when posts their from judges remove and fair guaranteeing provisions strict out trials and process impartial set regulations various by developed act power judicial the ruling principles all sets Constitution the Besides, grounds system. ofprotection in ourlegal degree theright highest gets any on against discriminated be cannot we that and law the before equal all are we that right fundamental a as recognises Constitution Spanish manner technical and harsh unnecessarily an in law the of application the avoid criteria discriminatory other or nationality race, position, of regardless persons, all to equally apply also must procedures Fair self- interest. or favouritism prejudice, from free and impartial be must process the fair, be To previous the to return to way no is situation. there and gone, to is – sought anymore they there not that is environment protect the because unenforceable are decisions court final that to find often we will, Regrettably legislation. environmental of the breach in built even was it that not often and decided is it afterwards and built is dam resources, the if environment the to damage the calculate or directives internal customs, no are criteria, there a But legislation. environmental that applicable with money compliance in built the being is calculating it if decided is it while for stopped is dam a of methods construction the if lose would well-established developer easy, are There stake. at interests various the for involved costs the calculate to instance, for tools, developed

Organic Act on the JudicialPower Organic Act 127of 117to Constitution. the Spanish Articles Explanation taken from p. 134 of The Aarhus Convention – An Implementation Guide. UNECE. New UNECE. Guide. Implementation An – Convention Aarhus The of 134 p. from taken Explanation Cited from p. 133 of The Aarhus Convention – An Implementation Guide. UNECE. New York and York New UNECE. Guide. Implementation An – Convention Aarhus The of 133 p. from Cited r. 1 f te Saih Cnttto as “ says: Constitution Spanish the of 14 Art. . national legal system? national system? legal our in for provided procedures equitable” and “fair for requirement the is How 37 . There are procedures to guarantee fairness, for instance to instance for fairness, guarantee to procedures are There . 6/1985, of 6/1985, 1July. pnad r qa eoe te lw ihu any without law, the before equal are Spaniards 33 . To be equitable, procedures need to need procedures equitable, be To . 35 . This fundamental This . 36 and an organic an and 34 . The . 15 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 submitted is useless. submitted isuseless. years. 6-8 to was year request the after 1 years 6-8 or from year, 1 requested take information environmental Getting can information environmental to access of right the on case court a instance, For Spain. in justice to access of points weakest the of saying:one is Spanish a is but procedures judicial Spanish true, of length excessive always The issues. environmental is There in especially This all). at justice. justice no is of justice (late justicia” administration es no tarde the “justicia to crucial is Timeliness December 19 on procedures related to of related utility. public 19onprocedures associations December 40 39 38 the exercising in Act 1/1996. procedures regulated as and 23(1) article in named set incorrectly requirements the all meeting that states entities which 27/2006, non-profit Act of 23(2) article by improved are provisions These utility” public “of as proceedings obtain judicial free-of-charge to and access request may low is income her or his that prove can who anyone which in the lack who those for guaranteed the way assistance, legal Actregulates 1/1996, involved. costs onfree bear the means to constitutionally also is Spain in justice to Access loser-pays the – case the lose you if principle party other the of costs the cover to finally and measures, precautionary or relief injunctive for applying for bonds surety suit; criminal a to party a becoming for bonds experts; and technicians solicitors, lawyers, of fees the However, only fees". include usually "judicial may suit a of of costs the payment justice, environmental the to access regarding involve may justice to access 2003 Since and budgets solutionongoing situation. main to to be the personneltrained seems appropriate allocate To far. so results positive to little proposals very in with it and improve Spain in administration judicial of malfunctioning the on be reports should It regard. this in taken been in appeared proceduresformany has years ofjudicial excessive slowness added the that have measures effective no far so However,

This is a governing principle a is under governing This It can be requested online at: http://www.justiciagratuita.es requestedat: online be It can Organic Act 1/2002 of March 22 on the right of association, developed by Royal Decree 1740/2003 of 1740/2003 Decree Royal by developed association, of right the on 22 March of 1/2002 Act Organic . . Article 9.5: . How is the requirement for “timely” procedures provided for in our national our in for system?legal provided procedures “timely” for requirement the is How What are inspiring assisting mechanisms used by our national legal system to system ofprovisionsarticle 9? further effectiveness legal national our by used mechanisms assisting inspiring are What system? legal for in ournational provided procedures expensive” prohibitively “not for requirement the is How 38 . actio popularis actio 40 are also entitled to access to free-of-charge justice under that act. that under justice free-of-charge to access to entitled also are civil jurisdiction. are entitled to free access to administrative judicial administrative to access free to entitled are 39 . NGOs regarded by the Interior Ministry Interior the by regarded NGOs . 16 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 In practice, it seems that Provincial Legal Aid Commissions, responsible for granting for responsible Commissions, Aid Legal Provincial that seems it practice, In Act. justiceunder that free-of-charge utility” public “of as Ministry Interior the by regarded proceedings judicial free-of-charge to access request may low-income For has she cases. judicial administrative or the he that prove can who anyone that to grants 1/1996 Act cases, judicial civil or restricted criminal only is this mechanism Unfortunately, aid justice. legal environmental free to access to barriers financial reduce help aid legal on 10 named incorrectly popularis the actio exercising organizations non-profit that provides 27/2006 Act December 19 on procedures related to of related utility. public 19onprocedures associations December 43 42 litigate”. to means insufficient have who those for case any in and provides so law the when charge of free be shall 41 the include barriers These rights. Aarhus of protection following: legal effective and persist an Spain in impede matters environmental on justice to access to barriers measures) useprecautionary of land adoption the and and aid; coasts (i.e., legal free as obtaining such for progressive opportunities environment, planning; the as of areas seen specific to be related legislation can that system of legal recognition a enjoying despite However, generations. a appropriate e is invest know, justice to we As strategy it. or improve policy definitively sound to resources a develop to dares nobody although system, justice Spanish the of malfunctioning the debates public the time, to time From law. environmental oreven in, trained experienced in, necessarily not are assistance legal free provide to appointed lawyers the Additionally, continues. environment the to damage the while lot a procedure judicial the delay can it grant to whether decision the cases this some in use because place, first to the in reluctant aid, legal free sometimes are NGOs environmental that mentioning worth is It Act Convention27/2006. grounds 3,000 €toAarhus 300€onthe and ofthe bondto exercise a diminished in procedure angranted appeal that cases relatedto criminal court decisions about werealso cases reported Several organisations. submitted by environmental forfree aid denying legal requests and 27/2006 Act ignoring Commissions these about reported were cases of number A disposition. this of aware or informed not were aid, legal free obtaining for petitions the nd also in ensuring in also nd

This Act as as Act This It can be requested online at: http://www.justiciagratuita.es requestedat: online be It can Organic Act 1/2002 of March 22 on the right of association, developed by Royal Decree 1740/2003 of 1740/2003 Decree Royal by developed association, of right the on 22 March of 1/2002 Act Organic IV. vital Conclusions: amended by Act Act by amended in achieving the fundamental right of enjoying a healthy environment healthy a enjoying of right fundamental the achieving in 41 actio popularis actio are entitled to obtain obtain to entitled are . This provision is intended to establish an assistance mechanism to mechanism assistance an establish to intended is provision This that everyone contributes to to contributes everyone that 16/2005 of July 18 develops art. 119 of the Spanish Constitution: “Justice Constitution: Spanish the of 119 art. develops 18 July of 16/2005 for environmental crimes and under certain sectoral certain under and crimes environmental for free legal aid legal free protecting pursuant to Act 1/1996 of January of 1/1996 Act to pursuant ffective access to environmental to access ffective 43 are also entitled to access to access to entitled also are the environment for future for environment the actio popularisactio from 42 . NGOs . 17 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 Regarding thepublic: suchas following: byothermeasures the implementation accompanied are not justice), on impact positive no have will improvements to access to related provisions p regarding (especially improvement for room is there Although Convention. directives. all meet Community to the enough not and Convention is it but necessary, the be may ones, existing improving or provisions, by legal new Adopting provided those from different rights Aarhus of exercise effective an promote to arrangements” “practical introduces have efforts all almost signed, rarely and over thing same the repeats generally that was legislation producing into put been Convention the since passed that years 10 the In ------Burden of proof and difficulties in obtaining independent experts to provide to experts independent obtaining in difficulties and proof of Burden activity an suspend/stop to courtismade. final while decision the measures precautionary obtaining in Difficulties standing. Granting oflegal exercise to bonds bonds, popularisactio surety fees, experts’ i.e. involved, costs Prohibitive length processes. Excessive ofjudicial ces t niomna or eiin n diitaie dcsos on decisions administrative and decisions court access todatabases). on-line ofcharge (i.e., related issues free environmental environmental to Access obligations,etc.). legal of their with comply reimbursement to fail(s) authority/ies funding, the that out finds direct court the when (i.e., costs environment the protect to courts the before cases environmental bring that NGOs and citizens for support Financial citizens’ other organisations. and NGOs environmental among rights Aarhus of exercise the promoting for programmes training and building capacity for support Financial . procedures and administrative judicial available in the rights Aarhus exercise to how public the to information “friendly” of Provision review judicial and administrative to access on procedures. information lacks Public decisions. enforcementandPoor court ofjudgments withcases. dealing environmental for skills or training appropriate lack solicitors and lawyers prosecutors, Judges, evidence. in criminal cases, loser-pays principle, etc. etc. loser-pays cases, principle, in criminal the requirements imposed by the ratification of the Aarhus the of ratification the by imposed requirements t i eesr o cery clearly to necessary is it access to environmental justice environmental to access stress ht such that rocedural if they if 18 Núm. Nacional de Inscripción: 586196 – CIF: G99135014 Regarding thejudiciary theadministration ofjustice: and Consejo General de la Abogacia Española - Asociacion para la Justicia Ambiental. Justicia para la Abogacia-Asociacion de Española la Consejo General 2007. F. - Sanchis, 2007-2: 75-94. de Aarhus" partir del "Convenio and E. Ortuño, Salazar - y 2003/35/CE” y 2003/4/CE Madrid. Biodiversidad. UEyen España.en Pp: la 80-112.EEB-Fundacion al Directivas relativa comunitaria ambiental”. las materia directiva en justicia la a una acceso de de beneficios posibles aplicacion los sobre “Reflexiones la de “ 2007. perspectiva F. Sanchis, - Thomsom/Aranzadi. julio. de 18 de 27/2006, Ley la a sistematico Comentario Ambiente. Medio de Materia - inmatters. justice States’environmental Member measures to onaccess - I–Bibliography Annex Razquin, J. and Ruiz de Apodaca, A. 2007. 2007. A. Apodaca, de Ruiz and J. Razquin, iiu t.20.CutyRpr o pi n in: Spain for Report Country 2007. Ltd. Milieu ------Capacity building for the judiciary, including raising awareness and training and awareness raising including judiciary, the for building Capacity of and performance, courts’ environmental the an delays. provoke,excessive case onpurpose, that in involved on authorities public and judges controls of responsibilities existing of Reinforcement court enforcing this isneeded. decisions, whenever for and delays excessive without suits environmental manage to courts the for personnel and means sufficient provide to budgets Appropriate 1/1996 on free legal assistance. legal 1/1996 onfree Act under provided lawyers those for environment the on programmes Training judicial for programmes prosecutors. forenvironmental programmes andCapacity building training training and campaigns administrative staff. awareness Raising support, provide to and parties ofprecautionarymeasures. adoption to the ondecisions related specifically the by submitted evidence technical balance properly or assess correctly judges help to experts independent of Appointment law. onAarhusprogrammes and environmental Guia sobre el Acceso a la Justicia Ambiental – Convenio de Aarhus de Convenio Ambiental – Justicia a la Acceso el Guia sobre piain e saa dl Cnei e Aru ed la desde Aarhus de Convenio del España en Aplicacion Sanchis Moreno, F Moreno, Sanchis . Revista Aranzadi de Derecho Ambiental, no.12.Year de Derecho Aranzadi . Revista . 2007. 2007. . In: La Aplicacion del Convenio de Aarhus de Convenio del Aplicacion La In: Informacion, Participacion y Justicia en Justicia y Participacion Informacion, El acceso a la justicia ambiental a ambiental justicia la a acceso El Report on the inventory of EU of inventory the on Report 19 . Núm. Nacional de Inscripción: 586196 – CIF: G99135014 Guide. 2000. S. Casey-Lefkowitz, & S. Stec, - Ambiental. Justicia para la 2007. F. Sanchis, - United Nations. New York and Geneva. York Nations. New and United Access to justice in Spain under the Aarhus Convention Aarhus the under Spain in justice to Access The Aarhus Convention – An Implementation An – Convention Aarhus The . . Asociacion 20

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