Transcript Practice of the Aarhus Convention Compliance Committee Andrew Andrusevych, Resource and Analysis Center “Society and Environment”

Practice of the Aarhus
Convention Compliance
Committee
Andrew Andrusevych,
Resource and Analysis Center
“Society and Environment”
Overview
Statistics of cases
 Interpretation of the Convention during
proceedings
 Important cases of the interpretation of the
procedure and the Convention
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(1) Statistics of cases (2010)
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Number of cases:
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50+1
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Kazakhstan (5)
Armenia (3)
Turkmenistan (1)
Ukraine (1)
Belarus (2)
Moldova (1)
Georgia (1)
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Period of proceedings
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Average – 389 days
Minimum – 278 days
Maximum – 568 days
Decisions in favor of complainants:
Kazakhstan – 3 (5)
Armenia – 2 (3)
Turkmenistan – 1 (1)
Ukraine - 1 (1)
 Belarus – 1
 Moldova – 1(1)
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(2) Interpretation of the Convention
during the review of compliance
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Interpretation and changing of consideration
procedure
Interpretation of provisions of the Convention
It sets a precedent for the further Committee’s
decision-making
 It has recommendation power to apply the
Convention by the countries
 It does not mean legal interpretation of the treaty
under the Vienna Convention of 1969
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(3) Important cases of interpretation of the
procedure and the Convention
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Procedure
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Criteria of admissibility
 Documents disclosure procedure
 Conflict of interests
 Introducing of new restrictions for
admissibility of communication
 Appealing court decisions
(3) Important cases of interpretation of the
procedure and the Convention
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Appealing of the court decisions
 Committee is not an appeal instance
 Committee can provide an independent assessment of
the facts related to all articles of the Convention
 Disagreement with the court decision does not mean a
possibility to address the Committee (9.3)
 Rejection of admissibility is subject to article on access
to justice (9) regardless of the dispute matter
 Failure to execute the court decision – non-compliance
with the Convention
(3) Important cases of interpretation of
procedure and the Convention
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Provisions of the Convention
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Direct effect of the Convention in the national
law does not mean that the country should not
take measures to introduce new legislative
measures
(3) Important cases of interpretation of
the procedure and the Convention
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Provisions of the Convention
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Judicial system of the country is a part of the
state and therefore a reference on its
independence does not constitute a ground
for non-compliance with the Convention
(3) Important cases of interpretation of
the procedure and the Convention
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Provisions of the Convention
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Lengthy court procedure can lead to noncompliance with the Convention since access
to justice must ensure efficient protection of
rights
(3) Important cases of interpretation of
the procedure and the Convention
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Provisions of the Convention
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Theoretical availability (provided by the
legislation) of remedies when they are not
available in practice is in non-compliance with
the Convention
(3) Important cases of interpretation of
the procedure and the Convention
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Compendium of article-by-article
interpretations collected in the
Case Law of the Compliance
Committee (2008 and 2011)
 It be taken into account, in
particular when assessing the
facts by the courts (responsibility
of the public authorities to take
into account interpretation
provided by the Committee)