The Right to Public Participation in Environmental Decision-Making: The Case of Air Quality Matters in the EU and the Member States

Abstract

This doctoral research examines the right to public participation in environmental decision-making, specifically in the policy areas of air quality and industrial emissions, with a view of answering the following overarching research question: ‘How is the right to public participation enshrined in the Aarhus Convention operationalised in the multi-layered legal order of the EU and the Member States?’ For this purpose, this thesis explores the relevant provisions of international law, including the Aarhus Convention. The Aarhus Convention, to which the EU and the Member States are Parties, enshrines the right to public participation in its Articles 6, 7, and 8. Following an analysis of these provisions, this thesis identifies five key aspects of participation: the ‘what’, the definition of public participation; the ‘who’, the definition of the ‘public’ and ‘public concerned’ who enjoy participation rights under the Convention; the ‘how’, the time-frames that must be observed to ensure effective participation; the ‘when’, the requirement of early participation; and the ‘why’, the requirement to take due account of the outcome of participation. These five key aspects appear throughout this thesis as a red thread. Indeed, this thesis analyses secondary EU legislation, notably EU Directives on air quality and industrial emissions, in order to assess how these aspects and requirements are transposed. Based on these findings, this thesis provides a comparative analysis of the transposition of these requirements in three EU Member States: Belgium, France, and Ireland. This thesis finds several instances of poor or non-compliance with the Aarhus Convention and EU law. This thesis concludes with the implications of such findings for the uniform application of EU environmental law, and for the exercise of public participation as a democratic value.