| Instruments
for involving the public in the environmental decision-making |
Current
legal basis |
Remedial
actions required at the national and regional levels |
Operational
targets |
| Right to healthy environment |
Constitutions |
|
|
| EIA |
Laws and/or regulations |
To adopt, by 1997, legislation on EIA, where not available; to harmonize,
by the end 1997, key elements of the national EIA procedures in the frameworks of the
Istanbul Commission; to become parties, by 1998, to the Convention on Environmental Impact
Assessment in a Transboundary Context (Espoo) |
To involve public in decision-making on land-use, urban planning, coastal
zone management; to take into account interests of the population while developing coastal
zone; to take into consideration transboundary issues in coastal zone management |
| Right to get information, i.e. environmental
information |
Constitutions and/or Laws on protection of the environment |
To adopt, by 1998, legal acts identifying categories of environmental
information which are closed and are to be open to the public; to harmonize, by 1998,
these categories through the Istanbul Commission |
To provide the population of the coastal zone with full environmental
information; to stimulate public involvement in the decision-making process |
| Enforceable procedures for access to environmental
information |
|
To define, by 1997, on a legislative basis avenues to make the
information public; to hold State officials responsible for not-providing environmental
information |
To ensure the right to get environmental information; to provide citizens
with the legal tools to defend their right to environmental information |
| Development of the role of environmental NGOs |
Constitutions and laws on environmental protection and/or public
associations |
To establish, by 1997, legal basis for environmental NGOs participation
in policy-making, implementation and assessment in the sphere of environmental protection
and natural resources use |
To stimulate and to reinforce control over public authorities and public
and private enterprises by the environmental NGOs |
| Legal avenues for challenging acts of state officials
and State organs |
Laws on civil and/or administrative procedures |
To adopt, by 1997, legislation providing for the possibility to submit a
law suit against a State official or State organ; to adopt, by 1997, rules obliging State
officials to meet with the public on their request and to answer questions on environment |
To ensure open access to administrative organs; right to appeal to
administrative organ of higher level or to a judicial organ; to reinforce responsibility
of officials for decisions they made in the sphere of environment |
| Legal basis for compensation of the environmental
damage |
Civil Code, Civil Procedure Code, Laws on environmental Protection, Rules
on Environmental damage assessment |
To adopt, by the 1998, and/or further develop liability regimes; to
develop and / or update, by the end of 1998, systems for the environmental damage
assessment (EDA). To harmonize, by 1998, key elements of liability regimes and EDA
systems. To ensure, by 1997, open access to judicial organs, also in transboundary
context. To start coordinating, by 1997, enforcement mechanisms for judicial decisions in
the environmental sphere |
To ensure citizens’ rights to obtain due and sufficient compensation
for the actual harm to property and health suffered through damage to environmental; to
put the burden of compensation on legal entities, responsible for degradation of the
environment |
| Urban and land-use planning law |
Urban and land-use planning laws |
To adopt, by the end of 1997, legislation on the jurisdiction of
municipal authorities with respect to natural resource management; to adopt, by 1998,
basic urban-planing legislation, where not available; to develop specific urban planning
rules for the coastal zone; to adopt, by 1997, or to develop legislation on land-use |
To define scope of municipal jurisdiction over natural resources; to
provide financial resources; to ensure public participation, i.e. through the EIA
procedures where appropriate, in the urban and land - use planning, in the Coastal Zone,
in particular; to ensure citizen’s rights to land |
| Legal basis for defending traditional uses of natural
resources, i.e. marine resources, in the coastal zone |
Coastal Zone Management regulations |
To adopt, by the end of 1998, and/or to develop coastal zone management
legislation, providing for protecting and financing development of traditional uses of
marine and other natural resources |
To protect traditional uses of the Black sea resources and ways of life
of the sea shore population, where practical and desirable, with the goal to ensure
sustainable development of the region |
