Access To Information On The Environment

In two judgments, the European Court of Justice has provided guidance on the extent of the exemption for authorities acting in a legislative capacity from having to provide access to environmental information under the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention).  These decisions have specific relevance to Ireland because the exemption set out in the Aarhus Convention is mirrored by Article 3(2) of the European Communities (Access to Information on the Environment) Regulations 2007.

In the first judgment (Flachglas Torgau GmbH v Germany), the Court held that the provision of not regarding 'bodies or institutions acting in a ... legislative capacity' as public authorities may be applied to ministries to the extent that they participate in the legislative process, in particular by tabling draft laws or giving opinions.  Additionally, the option is not subject to the