External participation in the EU environmental decision-making process through the EU established instruments

• Main Author: Ilgauskienė, Ingrida
• Published: University of Birmingham 2014
• Subjects: 340; K Law (General)
• Online Access: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607220

The thesis analyses the use and need for involvement of external participants in the EU decision making process through the relevant instruments. The analysis begins with the Treaty of Lisbon and the observation that the principle of participation was not been retained in the text of the Treaty. At present, participation is mainly implemented by the White Paper on EU Governance; the White Paper is considered to be the starting point for the involvement of external participants as well as the use of scientific and technical knowledge in EU decision-making process. The analysis continues with the review of a myriad of communications, policies, and initiatives in this domain: for instance, the Guidelines on collection and use of expertise and the Science and society action plan are discussed in details. Better involvement has to be supported by appropriate communication and consultation policies as well as access to information and justice, the latter being implemented by the Århus Convention. This convention, which has been partially transcribed into EU law, enacts a requirement to form a qualified entity in order to be eligible to represent a public interest in the environmental field. Finally, comitology committees are recognized to be one of the legal tools to involve external participants in the EU decision-making process. Still, the scientific know-how as well as the provided expertise is non-binding; independent participation is not yet established in the EU decision-making process.