Aarhus Convention – Infringement Procedure Against Austria

Introduction

The international Aarhus Convention was concluded by both the European Union and its member states ('mixed agreement'). The convention lays down procedural safeguards in environmental decision-making processes. The Aarhus Convention consists of three pillars:

• access to environmental information;
• public participation in decisions; and
• access to justice.

The third pillar of the Aarhus Convention establishes a general right to bring a case before the courts if national environmental regulations might be subject to contravention. The stated aim of the convention is to give the public wide access to justice.

In particular, the implementation of the 'access to justice' pillar has caused debates. In July 2014 the European Commission initiated infringement proceedings against Austria. Given the fact that the European Union has not fulfilled its own primary obligation of establishing a suitable implementation concept, the suit is questionable.