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Schwerpunkt: 20 Jahre Aarhus-Konvention ∙ Die Aarhus-Konvention in der behördlichen Praxis: Herausforderungen und Perspektiven journal article

Ulrich Klein

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 1, Page 44 - 50

The Aarhus Convention aims to democratize environmental decision-making in order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being. Since its adoption 20 years ago, the Convention has led to a fundamental change in German environmental administration. This article identifies challenges for environmental agencies and outlines perspectives for better implementing the Convention. The main challenges are: extended responsibilities for authorities, greater complexity of environmental decisions, increased transparency, more external communication, stronger procedural requirements and legal protection, and the reduction of enforcement deficits. The success of the Aarhus Convention largely depends on high-capacity administration, which adapts its way of decision-making to these challenges. In addition, substantive environmental law is the foundation upon which the three pillars of the Aarhus Convention rest. Therefore, the article argues that legal instruments and high requirements of substantive environmental law are essential for environmental authorities to achieve effectively the objective of the Convention.

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