1. Magda Tóth Nagy Public Participation Program
Successes, Failures and Lessons Learned: Implementation of the Aarhus Convention in South and Eastern Europe
Magda Tóth Nagy Public Participation Program
Alma Aty, MoP-2, May 27, 2005

2. Content Introduction Achievements in SEE
Successes, problems, remaining challenges
Lessons learned

3. The Aarhus Convention: An instrument for major breakthrough in citizens’ rights
Ratified by Albania, Bulgaria, FYR Macedonia, Romania
Signed by Croatia and BIH
In process of accession: Serbia and Montenegro
Special situation: Kosovo (UNMIK)
Process reinforced by EU, ratification and new directives and accession efforts

4. Achievements in SEE Complex and strategic approach:
Assessment of status, needs and priorities
Developing strategies and action plans
Combination of technical assistance and different capacity building methods
Regional, national and local activities
Building synergies with other processes (EU accession)
Integrating Aarhus Convention provisions in different sectors
(e.g.: environment and water, waste, energy, etc.)

5. Successes, Problems and Remaining Challenges in SEE
All countries made substantial progress
Legislative framework for pillars AI and PP mostly in place but for third pillar incomplete in some countries
EU candidate countries: only small gaps in legislation
SEE: General laws are there but implementing regulations procedures, mechanisms are missing

6. Successes, Problems and Remaining Challenges: Access to Environmental Information
Institutional/practical mechanisms
EU candidate countries: in place but need further improvements
In other SEE countries often missing
Good examples: Bulgaria, Romania, Macedonia
Detailed procedures for providing access and active dissemination missing in many countries
Conflict between horizontal and special laws
No common requirements/ guidance on interpretation of confidentiality
Limited technical, human and financial resources

7. Successes, Problems and Remaining Challenges: PP in Environmental Decision-making
Article 6-7
Increased interest of public to participate in PP in EIA in big investments
In drafting legislation and development of plans at regional and local level
Good examples: LEAPs
Detailed procedures and guidance missing in SEE while in candidate countries implementing practice needs to be improved
Difficulties in implementing some of Art. 6 requirements in practice
Differing practices across agencies and sectors

8. Successes, Problems and Remaining Challenges: Access to Justice
Candidate countries: many partly successful cases in Bulgaria
Few or no appeal and court cases in SEE countries
Reform of judicial system underway in SEE
Financial and other barriers
Injunctive relief not used
Judges and prosecutors do not know and apply Aarhus Convention

9. Successes, Problems and Remaining Challenges
Looking beyond short term interests
Implementation of AI and PP pillars at the
local level by municipalities and other authorities remains a challenge

10. Lessons Learned
Long term strategic approach provides stable framework for more efficient, systematic and focused implementation
Need for continuous commitment and initiatives by the countries regardless of funding
Structures to support integrated and participatory approach in implementation (inter-governmental working groups, civil society involvement)

11. Lessons learned
Focus more on involvement of and targeting other ministries and agencies
More efforts to address the local community level projects
Matching regional experience sharing and country specific approach: networking, joint capacity building
Tools to support capacity building for officials, NGOs, judiciary and other stakeholders
Flexible framework for projects