Chapter 3: Moldova

(continued)



CONCLUSIONS AND RECOMMENDATIONS

In recent years the legislation of Moldova achieved a relatively good basis to ensure public participation in environmental decisionmaking - the new constitution (1994). At the same time, legal acts regulating the right of access to environmental information and public participation in decisionmaking have a general and not concrete nature that causes difficulties in their practical use. The fact that information can be received not on the basis of the constitution and special laws on information availability but instead through "indirect" ways like those spelled out in the Law on Presenting Petitions serves as a hindrance to a public that tries to acquire government information. The word "petition" as such has a character of some protest and it psychologically repulses people and deters them from choosing this way to receive information. Besides that, the population is generally not familiar enough with the law to understand how to get information indirectly based on the petition process.

Examples of effective public participation in environmental decisionmaking are painfully few because nongovernmental organizations are not particularly active, do not have juridical preparation in this sphere or money to initiate trials.

Access to justice is relatively well regulated in the national legislation. However, the practice of its usage is quite poor for the cases of public participation. The population is not used to solving its problems in courts; instead, pessimism prevails. Thus, the possibility of going to court to protect one's rights is usually not even considered an option.

Another obstacle to public participation in environmental decisionmaking is the relatively low level of environmental consciousness among the population. In addition, people do not worry much about the environment because they are more concerned with the economic difficulties involved in the transition to a free-market economy.

The development of a free flow of environmental information is further impeded by the weak development of environmental law and practice and by the lack of lawyers specializing in this field. That is why it is necessary to incorporate into the national legislation of Moldova the mechanisms that would directly ensure public access to environmental information and public participation in environmental decisionmaking.

Writing into the national legislation the procedure for public hearings in central and local legislative and executive authorities could contribute to the better practical realization of the rights proclaimed. New opportunities for public participation would also appear if there were a regular information vehicle to publish drafts of laws and other legal acts related to the environment. Establishing a method for electronic delivery of drafting materials also could help. In the meantime, the creation of precedents of public involvement seems to be facilitating public participation with regard to the environment in Moldova.


REC * PUBLICATIONS * DOORS TO DEMOCRACY - NIS * MOLDOVA

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