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ROLUL AUTORITĂȚILOR PUBLICE ÎN PROCESUL DE ASIGURARE A DREPTULUI OMULUI LA ACCESUL LIBER LA INFORMAȚIILE DE MEDIU

Authors: PUNGA, Irina; ORDANOV, Iordanca-Rodica I;

ROLUL AUTORITĂȚILOR PUBLICE ÎN PROCESUL DE ASIGURARE A DREPTULUI OMULUI LA ACCESUL LIBER LA INFORMAȚIILE DE MEDIU

Abstract

Abstract: In a democratic society, keeping information about the environ-ment and the impact of activities on the environment secret is unacceptable. The right of access to environmental information is one of the fundamental human rights. In the Republic of Moldova, the right of access to environmental information is a constitutional right. Thus, according to the Constitution of the Republic of Moldova, Art. 37 para. (2), the state has a positive obligation to guarantee to everyone the right to free access to and dissemination of truthful information on the state of the natural environment, living and working condi-tions, the quality of food and household items. The first international agreement to recognise the importance of public ac-cess to information in environmental decision-making is the Aarhus Conven-tion. The Convention recognises that access to environmental information is essential for protecting the environment and promoting sustainable develop-ment. By ensuring access to environmental information, the public concer-ned can make informed decisions about the environment, participate in deci-sion-making processes and hold governments and other relevant authorities accountable for their actions. The right of access to environmental informati-on should be seen both in terms of the public’s right to request information and in terms of the positive obligation of state authorities to actively disseminate environmental information to the public concerned. Public authorities have a crucial role in ensuring public access to environmental information. By collec-ting, storing, and disseminating this information, public authorities can help citizens to make decisions about the environment and take action to protect it. The protection of the right of access to environmental information cannot be achieved without effective mechanisms to protect it. Under the Aarhus Con-vention, parties must establish a national framework for the implementation of the Convention and ensure compliance with its provisions. This framework should include procedures for dealing with complaints and ensuring access to justice in environmental matters. One of the mechanisms for ensuring com-pliance with the Aarhus Convention is the Compliance Committee. Over the years, the Committee has received numerous complaints about the right of access to environmental information, including complaints about the failure of public authorities to provide environmental information in a timely and effective manner. The present study aimed to analyse the role of public authorities in the pro-cess of ensuring the right of access to environmental information through the lens of the decisions and findings of the Compliance Committee and including the problems still faced by individuals and organisations seeking access to environmental information.

{"references": ["1.\tConstitu\u021bia Republicii Moldova nr. 1/1994. Monitorul Oficial Nr. 78 art. 140.", "2.\tConven\u0163ia privind accesul la informa\u0163ie, justi\u0163ie \u015fi participarea publicului la adoptarea deciziilor \u00een domeniul mediului ,semnat\u0103 la Aarhus, Danemarca, 23-25 iunie 1998. Republica Moldova a ratificat Conven\u021bia de la Aarhus, prin Legea nr. 346-XIV din 7 aprilie 1999.", "3. \tAndrusevych A., Kern S. (eds), Case Law of the Aarhus Conventi-on Compliance Committee (2004- 2014), 3rd Edition (RACSE, Lviv 2016). Disponibil: https://unece.org/DAM/env/pp/compliance/CC_Pu-blication/ACCC_Case_Law_3rd_edition_eng.pdf [Accesat:18.02.23].", "4.\thttps://unece.org/DAM/env/pp/mop4/Documents/Excerpts/Decision_ IV-9b_Compliance_by_Belarus_e.pdf", "5.\tCommunication to the Aarhus Convention Compliance Committee, ACCC/C/2017/147 Republic of Moldova. Disponibil: http://www.une-ce.org/environmental-policy/conventions/public-participation/aarhus-convention/tfwg/envppcc/envppcccom/envppcc2017147.html", "6.\thttps://www.mediu.gov.md/sites/default/files/Ordin%20MM%20nr.%2061%20 din%2001.07.2022%20Aarhus.pdf"]}

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Keywords

Compliance Committee, constitutional right, Aarhus Convention, access to environmental information, public authorities

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This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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