Chapter 14: Slovenia
(continued)
Principal public rights on i) access to environmental information, ii) cooperation with governmental authorities as well as with businesses in the process of insuring the protection of the environment, and on iii) public participation within the EIA process, have been introduced by the Environmental Protection Act (1993). These principle public rights are not regulated in detail by the EPA, and its basic provisions are mostly of a vague character.
In practice, however, some progress has been made in the process of implementation of these rights. Instances of environmental NGOs, individuals and independent experts efforts to participate in environmental decisionmaking have increased. For example, the MoE and environmental NGOs have cooperated in the drafting of a guideline on access to information and public participation, related to legislative and general strategic documents concerned with environmental protection and physical planning. Whilst on the one hand this is an example of good practice, it is also necessary to note that the guideline will only relate to internal rules, and will therefore not be enforceable.
Cooperation between the MoE and the environmental NGO sector was also attempted in the preparation of Slovenia's first National Environmental Protection Program between 1994 and 1997. Despite efforts being made by both sides, especially on the part of the NGO community, such cooperation did not develop to a satisfactory level. The lack of an efficient institutional framework for such cooperation renders it informal and ineffective.
In 1995, the first initiative to hold a referendum on an environmental issue (the closure of the Krsko nuclear plant) was put forward, but did not succeed. In 1996, legal standing before the constitutional court, for individuals and environmental NGOs, was recognized for the first time. This was decided on the basis of the constitutional right to a healthy environment, and the principal provision of the EPA, which entitles NGOs to ensure environmental protection. Implementing regulations for EIA were adopted in 1996. Consequently, EIA procedure, including the EPA's provisions concerning public participation, have started to be performed in practice.
Two new working governmental bodies were established in 1997: the Slovenian Committee for Questions Related to Climate Change and the Slovenian Council for Sustainable Development. Both include representatives of the NGO community.
The existing environmental legal framework can potentially serve as the basis for public participation in environmental decisionmaking. However, the lack of special implementing legislation, which should deal in detail with different aspects of public participation, is a serious obstacle in particular cases where existing public rights are not respected. Enforcement of existing public participation rights is weak.
Legislative improvement is needed in various areas. A special law regulating freedom of environmental information is required. This law should prescribe what kind of databases are to be set up, and regularly updated, by public authorities. It should also introduce easy methods of access to data for the public (e.g. PRTR). Legislation to ensure public participation in environmental policymaking is also needed, and legislation regulating lobbying is at present completely missing.
Law enforcement is the weakest point of Slovenian environmental legislation. Administrative enforcement performed by environmental inspectors is mostly ineffective. The functioning of environmental and related inspections are not transparent. Where consecutive actions of different inspections are needed, administrative enforcement usually has no result. Citizens' suits are limited to cases where threat to the environment is critical; there is no possibility for a waiver of (usually high) litigation costs in public interest cases. Proper implementation of laws by responsible governmental bodies cannot be enforced before the courts; only political tools can be used.
These are the major gaps which require legislative improvement. The NGO community should be trained to use legal skills as much as possible and to enforce existing public rights. The development of Slovenian environmental legislation is progressing, albeit slowly. As a country being considered for EU membership, Slovenia has started to bring its legislation into line with the EU model. Due to this process, some improvements in the field of public participation in environmental decisionmaking will inevitably be made.
