Annex 2: Questionnaire

Instructions for filling in the questionnaire:

I. Status of the Framework for Public Participation at the Beginning of 1995

Legal framework

I.1. What are the existing legal instruments for public participation and access to information in your country?

I.2. Please indicate what other legal institutions exist in your country which secure public participation and access to information for citizens or provide remedies if fundamental rights are infringed:

I.3. How is standing defined in your country:

I.4. What are the legal instruments for public participation and access to information missing in your country compared to other countries? Give explanation:

I.5. What legal instruments do you consider unique in your country compared to others? Give explanation:

Non-legal/institutional framework

I.6. What kind of non-legal mechanisms/channels of public participation are existing in your country?
Y N citizens as individuals are active in public participation
Y N citizen groups are active and involved in public participation cases

Political channels:

Y N NGOs and government have a regular forum for discussion
Y N NGOs are represented in the Parliament, Advisory Council for the Ministry of Environment (MoE), local government
Y N parliamentary committee and NGOs meet regularly
Y N parliamentary committee meetings are open
Y N there are public hearings / forums organized by parliament
Y N government, local governments on regular/ad hoc basis
Y N local/regional elected officials meet public/NGOs regularly
Y N there is a green consumerism
Y N media supports green issues
Y N there is access to media for citizens/NGOs if needed
Y N there are independent green media channels (TV, radio, others)
Y N there is a green lobby
Y N others:

II. Public Participation Practices

Legal practices

II.1. What do you consider to be the main obstacles of using legal avenues in your country?

II.2. What forms and mechanisms for public participation are being used in practice which are guaranteed by law or constitution?

a) Constitutional rights:

b) Legislation and rule making:
constitutional provisions:

c) Remedies redressing abuses of constitutional rights

d) Right to know and freedom of information:

e) Legal process

Public participation provisions in other laws or regulation such as:

f) Remedies used by public:

g) Citizen enforcement, monitoring, inspection rights:

II.3. What ad hoc public participation practices are being used which are not guaranteed by law? (please give short description if any)

on parliamentary level:
on governmental level:
on regional /local level:

II.4. At what point is the public involved in the decision making process?

Y N public has a chance to make an impact already in the process of environmental policy decisions

a) Public is involved:

Y N in developing legislation:
Y N in development of regulatory standards
Y N in local/ regional physical planning decisions
Y N through EIA procedure
Y N in permitting process
Y N enforcement of laws, regulations and permits
Y N privatization process
Y N transboundary issues

II.5. Public participation procedures include:

a) Clear and substantive procedural rules for participation in:

Y N EIA procedure
Y N permitting process
Y N planning decisions including (building and construction)
others (please specify):

b) In EIA procedure public participation is possible:

Y N in the scoping phase before the investment or project is started
Y N in the discussion of the draft environmental impact assessment study (EIS)
Y N in the discussion of the final version of EIS

c) Public is only given information:

Y N about starting of EIA procedure
Y N the final result of EIA

d) Public can propose an alternative: Y N

e) Public is informed in due time of the proposed, upcoming, pending decisions, plans and procedures: Y N

f) There is public notice of:

Y N EIA
Y N permitting,
Y N planning process

g) There is public access to EIA reports and materials:

Y N draft report
Y N final report
Y N background materials

h) There is public access to permits:

Y N draft permits
Y N final permits
Y N background information

i) There is legal requirement for public hearing in:

Y N planning decisions
Y N EIA procedure
Y N permitting

j) There is legal requirement to comment:

Y N draft plans
Y N final plans
Y N draft EIS
Y N final EIS
Y N draft permits
Y N final permits

k) There is adequate time to comment:

Y N decisions
Y N plans
Y N EIS
Y N permits

l) There is legal requirement that comments be incorporated and seriously considered in the final decisions of the:

Y N planning process
Y N EIA
Y N permitting

m) There is legal requirement that government authorities provide written decisions including discussion of public comments and explanation of decision: Y N

n) public can challenge/appeal/EIA decisions:

Y N under EIA law
Y N under administrative procedure
Y N under other laws
Y N in court

o) There is a right to appeal:

Y N planning decisions
Y N permit issuance

II.6. What legal forms of public participation are most often used? (Give ranking according to list above)

II.7. Have there been any court cases related to environmental issues in your country? If yes, please give example and result:

II.8. What are the existing good practices which are being used but not regulated by laws? Give examples:

II.9. Have you experienced successful public participation cases? Please give examples:

II.10. Why do you think they have been successful? Give explanation:

II.11. Can you give examples of public participation cases which were failures?

II.12. Why do you think they were failures? Give explanation:

Practices in non-legal field

II.13. What kind of non-legal instruments are used for public participation in your country? (Rank 0 to 5: never-very often)

II.14. What kind of support is given to promote public participation activities in general?

Financial:

Y N Capacity building, training
Y N Environmental education

Is there support (financial) for NGO activities by:

Y N government
Y N parliament
Y N local, regional government
Y N private foundations
Y N foreign governments
Y N foreign foundations
Y N others

II.15. How much are NGOs cooperating to make an impact on the decision-makers?

How many NGO groups are activley involved in public participation according to your estimate? (give percentage)

There is regular meeting between NGOs: Y N

II.16. Networking in support of public participation:

II.17. Other forms of cooperation:

II.18. What do you consider to be the main obstacles of using non-formal (non-legal) avenues in your country?

II.19. Relationship of the government and NGOs

Y N Is there a regular dialogue on essential environmental issues:

Is there proper public/NGO involvement in the discussion of:

Y N environmental strategy
Y N environmental policy documents,
Y N international environmental programs,(E.g.:National Environmental Action Plan, Danube Environmental Program, etc.)
Y N projects financed by international environmental assistance programs (Phare, World Bank, etc)
Y N on governmental level
Y N on parliamentary level
Y N local/regional level

Good practices of business

II.20. Can you experience efforts of good practice in the field of public participation in the business community of your country? If yes, please give examples:

II.21. Which companies are more open to public participation?

Status of independent green media and access to media

II.22. Do you have independent green media? Y N

II.23. What are the forms?

Training, education

II.24. Do you have ongoing training and educational programs on the issues related to public participation?

Who is initiating them?

Who is funding them?

II.25. Please list the most important existing public participation training or education efforts in your country?

III. Areas for improvement

III.1. What are the biggest obstacles of public participation within the existing framework and in existing practices? Please identify briefly the limitations:

III.2. What are the major problems seen on governmental, NGO and other interest groups' level?

III.3.What are the major needs which should be addressed on government, NGO and other interest groups' level?

III.4. Which are the areas within the existing framework where public participation practices could be improved? Please identify briefly the limitations.

IV. Recommendations

IV.1. How could the present situation of public participation be improved in your country? Please identify areas within the present framework:

IV.2. Please identify areas where the present framework should be changed:

IV.3. What should be the role and responsibility of the different target groups to change the situation?

IV.4. How can regional, European/international cooperation promote improvement of the situation of public participation in your country? Please give a short description of your suggestions.

REC * PUBLICATIONS * STATUS OF PUBLIC PARTICIPATION * ANNEX 2

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