7. It decides on people's referendums.
Article 19: The People's Assembly holds its sessions no less than 4 times a year.
The sessions of the People's Assembly are convened upon the decision of its Presidency. The Presidency also convenes the session of the People's Assembly when requested by the President of the Republic, the Council of Ministers or by one fourth of the deputies.
Meetings of the People's Assembly start when the majority of the deputies is present.
Meetings of the People's Assembly are open, except in special cases when the People's Assembly decides otherwise.
Article 20: The People's Assembly elects from its ranks permanent and temporary commissions.
In its first session the People's Assembly elects a commission to examine the mandates of the deputies. At the proposal of the commission, the People's Assembly confirms or annuls the mandates of the deputies.
The permanent commissions are required to examine the draft laws and normative decrees of the President of the Republic, monitor and control the activity of the ministries and other state bodies in accordance with their respective areas and submit issues to the People's Assembly or the Council of Ministers. The temporary commissions are set up for specific matters.
Article 23: The legislative process may be initiated by the President of the Republic, Council of Ministers, every deputy, as well as a group of 20,000 nationals enjoying the right to vote.
The laws and other acts of the People's Assembly, except for constitutional acts, are considered adopted, when voted for by the majority of the deputies present, but no less than one third of the deputies.
The laws are announced no later than 15 days following approval and enter into force 15 days after being published in the Official Gazette, unless otherwise stated in the laws themselves or in the case of organic laws.
Article 28 (4a): The President of the Republic has these main powers:
4a.He proposes referendums to the People's Assembly which decides on them.
Article 36 (9): The Council of Ministers has the following powers:
9. Adopts measures to ensure the preservation and protection of the environment, suitable working conditions and the protection of citizens' health.
Any prior censorship is prohibited.
No law may be enacted to restrict the freedom of speech, press or any other mass media, except in those cases where the protection of children's interests or the lives of people are concerned.
Everyone enjoys the right to freely express his opinions by speaking, writing or any other means of dissemination.
The right to information may not be denied to anyone.
The exercise of these freedoms and rights may not be restricted, except in those cases prescribed by law, which constitute necessary means in a democratic society in the interests of national security, territorial integrity, public safety and order, or for the prevention of crime, for the protection of health or morals, the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Article 13 - The Right to Appeal: Everyone shall have the right of appeal against a judgement, to a higher court established by law.
Article 20 - The Right to Organization: No one may be denied the right to collective organization for any lawful purpose.
Restrictions on civil servants exercising such a right may be prescribed by law.
Article 21 - The Right to Assembly: Peaceful assembly, without weapons, may not be restricted.
Assemblies in squares and public passages may be organized with the prior permission only of competent bodies, who may refuse permission only when there is sufficient ground to believe that security and public order are seriously threatened.
Article 37 - The Right to Petition: Everyone, alone or jointly with others, shall have the right to address requests, claims, or suggestions to competent government bodies.
Article 39 - Judicial Restitution of the Right: No one, suffering encroachment of a right acknowledged by this Constitutional Law, may be denied judicial restitution of such a right.
Article 12: Concerned natural and legal persons shall have the right to participate in the consideration of results of environmental impact assessments.
They shall be informed by national or local mass media or other appropriate means about the procedures of the environmental impact assessment, not later than one month before the assessment begins.
Article 29: Regulatory control over the sources and causes of environmental pollution and damage shall be exercised:
Article 34: The authorities referred to in Article 33 under this law shall publicize information which contains data on the change of environmental situation, by mass media or by any other means, in a form that is accessible to citizens.
Confidential information defined in special dispositions, shall be presented in writing without the right of dissemination.
Article 35: Immediately after observing pollution and damage to the environment, the authorities defined in article 33, as well as the natural or legal persons, must inform the population about the occurred environmental adverse alteration, the measures taken to reduce or limit it, as well as the appropriate conduct of citizens concerning health protection and their security.
Article 36: Natural and legal persons shall inform their buyers or customers during the time of sale or performance of service, in writing or orally, about dangerous components of goods and services and about their possible adverse effects and impacts on the environment and human health.
Article 40 (dh): Committee of Environmental Protection and Preservation (CEPP) shall have the following authority:
It shall organize and support the spreading of education and participation of the public in the protection of the environment. It shall organize, track and popularize scientific publications in the field of environmental protection.
Article 42(4): The councils of Communes, municipalities or districts and the relevant administrative units shall have the following main rights and duties.
4. They shall inform the population of the environmental situation and other local activities that are subject to environmental impact assessments.
Article 43: Natural and legal persons who cause damage to natural resources, which results in environmental pollution and impairment, shall be compelled to pay compensation for the resulting damage.
Complaints for compensation for damage may be presented to the court by natural or legal persons who have suffered harm.
Article 41 (2): "Citizens shall be entitled to obtain information from state bodies and agencies on any matter of legitimate interest to them which is not a state or official secret and does not affect the rights of others".
Article 43: "Citizens shall have the right to peaceful and unarmed assembly".
Article 44 (1): "Citizens shall be free to associate".
Article 45: "Citizens shall have the right to lodge complains, proposals and petitions with the state authorities".
Article 120 (2): "Citizens shall have the right to appeal all administrative decisions, that concern them, except in cases explicitly provided by law."
Article 15: If the authority or the person, mentioned in Article 9, thinks that his or her demand for information is rejected with no reason, or that his or her right of access to information was illegally restricted, or that the submitted information is untrue, the authority or the person can ask protection of his right of information through the administrative procedure or to go to court.
Article 23 a: (1) (concerns the EIA) The competent authority organizes public discussion on the presented results from the EIA report. This discussion should include the local authorities, representatives of public organizations, the public, and the interested physical or legal persons.
(2) The competent authority must inform the aforementioned persons of the public discussion at least one month before the date of the public discussion.
Article 29: Persons who are found to have by intent or neglect caused harm to others by pollution or damage to the environment shall be bound to remedy the damage. The compensation may not be less than the sum required to repair the damage caused.
Article 30: (1) The injured persons may request the court to order the dangerous activity to cease, as well as the removal of the pollution.
(2) The action provided previously can be brought to court by local authorities, by environmental protection associations and by citizens.
(2) The commissions can decide that some of the sessions shall be closed to the public.
Article 37: The local councillor is obliged to maintain contact with the electorate and to inform the people of the Local Council's activity and decisions.
Article 48: The local budget is accessible to the public and the public controls it.
"State authorities are obliged to give to citizens and legal persons data, to inform them and advise them and offer them expert help in matters citizens come to public authorities for."
"State authority bodies have an obligation to inform the public about activities they perform in their domain and through the public media report about their activities or another appropriate way for reporting."
(2) Everybody has the right to express freely his or her opinion by word, writing, in the press, in pictures or in any other form, as well as to freely seek, receive and disseminate ideas and information irrespective of the frontiers of State.
(3) Censorship is not permitted.
(4) The freedom of expression and the right to seek and disseminate information may be limited by law in cases where measures are essential to protect the rights and freedoms of the democratic society, the security of the State, public security, public health and morality.
(5) Organs of the State and of local self-government shall provide in an appropriate manner information on their activity. The conditions and the form of implementation of this duty shall be set by law.
Article 18: (1) The right of petition is guaranteed; everybody has the right to address himself or herself, or jointly with other individuals, organs of the State or of local self-government with requests, proposals and complaints in matters of public or other common interests.
Article 19: (1) The right to assemble peacefully is guaranteed.
(2) This right may be limited by law in the case of assemblies held in public places, if measures are involved which are essential in a democratic society for protecting the rights and freedoms of others, public order, health, morality, prosperity or the security of the State. However, assembly shall not be dependent on permission by an organ of public administration.
Article 20: (1) The right to associate freely is guaranteed. Everybody has the right to associate with others in clubs, societies and other associations.
(2) Citizens also have the right to form political parties and political movements and to associate therein.
(3) The exercise of these rights may be limited only in cases by law, if measures involved, which are essential in a democratic society for the security of the State, protection of public security and public order, prevention of crime or for protection of the rights and freedoms of others.
Article 21: (1) Citizens have the right to participate in the administration of public affairs either directly or through free election of their representatives.
(2) Elections shall be held within terms not exceeding statutory electoral terms.
(3) The right to vote is universal and equal, and shall be exercised by secret ballot. The conditions under which the right to vote are exercised are set by law.
(4) Citizens shall have access to any elective and other public office under equal conditions.
Article 22: The legal provisions governing all political rights and freedoms, their interpretation, and their application, shall make possible and shall protect, free competition between political forces in a democratic society.
Article 23: Citizens have the right to resist anybody who would do away with the democratic order of human rights and fundamental freedoms, established by the Charter, if the work of the constitutional organs and an effective use of legal means are frustrated.
(1) The protection of nature, pursuant to this Act, is carried out with the direct participation of citizens through their civic associations and voluntary groups or organizations attached to the nature conservation authorities.
(2) The local organizational unit of a civic association, the main mission of which, according to its statutes, is the conservation of nature, provided it is a legal entity (hereinafter "civic association") is entitled to demand that the respective state administrative bodies inform it, in advance, of all the intended interventions and initiated administrative proceedings which could involve nature and landscape protection interests, protected according to this Act.
(3) Under the conditions of paragraph 2, a civic association is entitled to participate in administrative proceedings, provided it notifies the state administrative body which initiated the administrative proceedings of its participation within eight days of the date on which these proceedings were started; in this case the civic associations role is that of a participant of the proceedings.
§ 71. The Participation of Municipalities
(1) Through their authorities, municipalities involve themselves in the protection of nature and landscape in their territorial district. They, in particular, promote their opinion of the establishment and abolishment of particularly protected areas, protected trees and their protective zones.
(2) The nature conservation authorities must cooperate with municipalities, submit supporting materials and information, provide the necessary explanations for nature interventions and for methods of protecting the environment, particularly if these interventions could negatively affect the environment in the municipality or limit the execution of the municipality inhabitants rights.
§ 72. The Right to Information on Nature and Landscape Protection
(1) The authorities which carry out the state administration of nature conservation according to this Act must, with the scope of their activities, keep records of information, which must include:
(2) The information mentioned in paragraph 1 is accessible to natural and legal persons during the office hours of the nature conservation authorities, if it is not an economic or state secret or if the publication of the location of a particularly protected plant, animal or mineral species does not endanger or disturb them. This information is available free of charge, with the exception of information mentioned in paragraph 1, letter f), used for business purposes. All persons have the right to make excerpts from the documents mentioned in paragraph 1, and if it is technically possible, to have copies made of them by the nature conservation authorities for the price of material costs.
The air protection authorities must enable access to timely and complete information on the quality of the air and on the share of each individual pollution source in the air pollution. They must always inform the public of smog situations (§ 16).
(1) The competent authority shall, without delay, dispatch the documentation to the concerned bodies of State Administration and to the affected community. The community shall, within five days of receiving the documentation, announce in the usual local manner, when and where it is possible to examine the documentation, to make excerpts, transcripts or copies. Public examination of the documentation must be made possible for a period of 30 calendar days; within this period a written opinion on the documentation may be submitted (hereinafter referred to as "public opinion").
(3) The affected community shall send the public opinion and its own opinion to the competent authority within 14 days after the period determined in par. 1 has expired.
(4) The concerned bodies of the State Administration shall send their opinion to the competent authority within 50 days after having received the documentation.
(5) In case the documentation contains facts which are protected following separate laws or regulations, the provision of par. 1 through 4 shall not apply.
(6) In case no opinions following par. 1, 2 and 4 are delivered within the determined period, it shall be considered that there are no comments on the documentation.
§ 8. Participation of the Civil Initiative and Civil Associations
(1) A civil initiative, which for the purposes of this Act is to be understood as a group of at least 500 natural persons, older than 18 years, who support in writing the public opinion pursuant to § 7, is entitled, through representation of a mandatory following par. 3, to take part in the discussions related to the documentation following § 7 and the public discussions pursuant to § 10.
(2) A civil initiative pursuant to par. 1 shall present a list of signatures, including name, surname, permanent address, birth certificate number and signature of the persons who support the respective public declaration. The list of signatures must be submitted together with the public opinion pursuant to § 7.
(3) The mandatory of the civil initiative who is authorized to act on its behalf and to receive written material, is the person who is appointed as a mandatory in the list of signatures. In case such designation is missing or incorrect, the person who is mentioned first on the list of signatures shall be considered as the mandatory of a civil initiative. The mandatory can appoint in writing a deputy, who will act for him or her within the scope of mandate.
(4) The mandatory of a civil initiative may be replaced by another person on the basis of a written declaration to the competent authority. This declaration must be signed by a majority of the members of a civil initiative. The same procedure is also valid in case a mandatory of a civil initiative withdraws.
(5) If the majority of persons mentioned in par. 2 establishes a civil association following separate regulations for further support of the opinion of the civil initiative, such an association is participant in an administrative procedure, if in this procedure decisions are made on a permit for a construction, activity or technology that are assessed following this Act. A civil association which has been established previously and which has submitted an opinion pursuant to § 7 par. 1 is also participant in the same administrative procedure.
§ 10. Public Discussion
(1) Within one month from the receipt of the expert opinion pursuant to § 9, the competent authority shall ensure public discussion on the contents of the expert opinion, and on the public opinion, including civil initiatives, on the opinion of communities and concerned bodies of State Administration, which it receives pursuant to § 7.
(2) The competent authority shall, at least one week in advance, announce in writing the time and place of the public discussion to the notifier, the communities, the concerned bodies of State Administration, the civil initiatives and to the persons who elaborated the expert opinion. If the proposed construction, activity or technology concerns more communities, concerned bodies of State Administration or civil initiatives, the competent authority can ensure separate public discussions in territorial districts determined by the competent authority.
(3) In particular, experts and persons who can present important information on the discussed subject can be invited to participate in the public discussion.
(4) The Ministry shall determine the manner and procedure of public discussions in a public notice.
(5) The participants, mentioned in par. 1, shall receive the minutes of the results of the public discussion.
§ 14.
(1) Under this Act, a "concept" is a concept submitted and approved at the level of the central authorities of State Administration (hereinafter referred to as the "approving authority") in the field of energy, transport, agriculture, waste management, mining and processing of minerals, recreation and tourism. Territorial planning documentation and the General Water Management Plan are also considered to be concepts.
(2) The submitter of a concept (hereinafter referred to as the "submitter") must ensure that environment impact assessment, elaborated to an adequate extent according to the Appendix No. 3 part C, item III and IV of this Act is a part of the concept.
(3) The submitter must ensure in a suitable manner, and in agreement with the ministry, publication of the concept proposal or its principles, at least 60 days prior to its discussion.
(4) The submitter shall send the concept proposal, prepared with respect to public comments if there are any, to the competent authority, which shall issue its statement within 30 days from the date of delivery, with the exception of the case that the competent authority is the submitter itself.
(5) The approving authority shall not discuss the concept without a statement of the competent authority.
(1) The contents of a district program are defined in Appendix 3, which is an integral part of this Decree.
(2) A district program is based on producer and municipal programs and coordinates basic waste treatment issues in the district.
(3) When preparing a district program, the District Council collaborates with the producers, including municipalities and coordinates activities with the neighbouring District Councils, primarily for the purpose of the rational safeguard, utilization and disposal and neutralization of waste. Producers must provide information necessary for the preparation of the program.
(4) A draft district program must be discussed with the municipal authorities of the given district territory.
(5) The District Office shall ensure public access to the district program.
§ 3.
(1) In administrative law procedure, the administrative organs will proceed in accordance with the laws and other legal regulations. They are obliged to protect the interests of the state and of society and the rights of interests of citizens and organizations and to require of these a thorough fulfillment of their obligations.
(2) The administrative organs are required to proceed in close co-operation with citizens and organizations and always provide them with the opportunity effectively to defend their right and interests and especially to express their opinions of the background of the decision and to put forward their proposals. The administrative organs must provide the citizens and organizations with help and advice in order that they should not suffer a loss in the proceedings by reason of ignorance of legal regulations.
(3) The administrative organs are obliged to treat every matter which is the subject of proceedings conscientiously and responsibly, to deal with it promptly and without unnecessary delays and to use the means most appropriate to ensure a correct settlement of the matter. If the character of a case allows, the administrative organ ought always to seek to settle it by conciliation. The administrative organs will take care to ensure that the proceedings take place economically and without unnecessary burden on citizens and organizations.
(4) The decision of the administrative organs must always proceed from the reliably ascertained state of the case. The proceedings must be carried out in such a way as to strengthen the trust of citizens in the correctness of the decision and so that the decision accepted is convincing and leads citizens and organizations to the voluntary fulfillment of their obligations.
(5) The provisions on the basic rules of procedure (paragraphs 1-4) are to be used as appropriate to the issue of certification, judgements, statements, recommendations and other similar measures.
Section 3: Parties in the Procedure
§ 14.
(1) A party in the procedure is a person whose rights, legally protected interests or obligations, are to be the subject of deliberation in the procedure, or whose rights, legally protected interests or obligations may be directly affected by the decision. A party in the procedure is also a person who claims that the decision may directly affect his/her rights, legally protected rights or obligations and this up to such time as it is proved otherwise.
(2) A party in the procedure is also a person or legal entity whose status, as such, is recognized by special legal regulation.
§ 21. Oral Proceedings
(1) The administrative organ will order oral proceedings if the character of the case requires it, and especially if this will contribute to the clarification of the case or if it is determined by special legal regulation. If an examination is to take place during the oral proceedings, then these will as a rule be held at the place of the examination.
(2) The administrative organ will invite all parties in the procedure to the oral proceedings and will request them to present their comments and suggestions. Unless there are extenuating circumstances, special cases, comments and protests made after that time will not be taken into account: the parties in the procedure must be expressly informed of this fact.
(3) The oral proceedings are closed if special legal regulation or the admintsrative organ does not determine otherwise.
§ 21.
(1) The drafts of the planning documents shall be consulted by the following bodies:
b) the draft of the local plan with the National Committees the administrative areas of which are involved; the planning authority shall inform, in an effective manner, the organizations and citizens with the draft of the local plan; the draft of the local plan of a zone must be exhibited for public inspection for a period of 30 days,
§ 22.
(2) Organizations and the citizens shall be notified regarding the public inquiry into the draft local plan of the settlement or zone in a manner customary in the locality.
§ 23
(3) Organizations and the citizens have the right to submit comments on the draft of the local plan of a settlement or a zone within 30 days from the day of notification. The organization or the citizens whose property or other rights to the land or buildings (§ 139, par. 1) are directly affected by the solution of the plan of the zone, may submit their objections within the same period. Objections submitted after the specified term has elapsed shall not to be taken into account.
§ 24.
The organizations and the citizens who have submitted their objections to the draft local plan of the zone in due time, shall be notified by the planning authority in writing within 60 days following the approval of the local plan of the zone that their objections have been complied with, or the reasons for which they have not been complied with.
Chapter 3. Public Participation in Planning
§10. Initiation and order of planning
(1) Planning ma be initiated by the Government of the Republic of Estonia, Ministry, county authorities, local authorities other interested persons.
(2) Republican planning is guided by the Ministry of Environment.
§ 11. Planning intentions
Local authorities should inform the public about the intended total and detailed planning activities via local and regional media channels at least once per year.
§ 12. Planning Publicity
(1) Ministry, county authority or local authority has to introduce the aims of started planning activities via media channels one month after making the decision at the latest.
(2) News related republican planning activities are announced via "RIIGI TEATAJA".
(3) County authorities inform local authorities in two weeks after making the decision.
§ 14. Availability and maintenance of information needed for planning
(1) ... should be provided free of charge to the person carrying out the planning activities.
(2) ... who in turn has to provide it to all interested persons.
§ 16. Collaboration during planning activities
(1) ...Local authorities organize public hearings to introduce the aims of the activities to the interested public.
§ 18. Public exhibition of planning documentation
(1) is organized by local authorities
(2) general plans - in towns or borough centres; detailed plans - in town centres or relevant town or municipality region.
(4) Republican plans are introduced via central media
channels.
§ 19. Duration of the exhibition
(1) Detailed plans - two weeks
(2) general plans - four weeks
(3) county plans - six weeks.
§ 20. Order of making comments
(1) inhabitants of the planned territory and other persons may submit amendments or protests during the exhibition period.
(2) Written comments must be replied in four weeks after closing the exhibition.
§ 21. Taking into account comments from the public
(1) The results of the exhibition are announced via local or county media channels.
(2) Local authorities organize public hearing to discuss the results.
(4) Possible improvements must be taken into account and the improved plan together with unsolved comments should be submitted to the surveillance organs.
(5) If the basic solutions of the planning are to be changed, the public exhibition and public hearing should be repeated.
(1) (Gives definition for environmental impact assessment)
(2) (Gives definition for environmental auditing)
§ 12. Programmes, development plans, funds
(8) Publication of the plans, programs and projects must be organized by their initiators.
(8) Study report on Geological investigations must be submitted to the Estonian Geological Centre in 10 working days after the Ministry of Environment has adopted the new natural resource. While forwarding the report, the conditions for publishing the data will be fixed.
III. Maintenance and usage of geological study reports.
(14) Information in the geological study reports may be secret according to the order given by the relevant legislation.
State secret is information about state protection, economy, or of scientific, technical or political character, announcement of which to a foreign state or person not having a license to know it, may disturb the safety and economical or political interests of the country.
§ 3. Claiming information a state secret.
(1) ...is committed by the Government of the Republic.
(2) State secrets may be
(3) information about planning and building of objects concerning state safety
§ 4. Limits for claiming information a state secret
State secrets cannot be information about :
(1) extraordinary events, natural catastrophes and their results;
(2) about the state of environment, health care, demographic situation, education and culture;
(3) violation of human rights;
(4) statistics on criminal cases and corruption;
(5) salaries and bonuses for state and local authorities.
§ 5. the owner of State Secrets
... is the State.
(See Annex 3)
Article 50 (2) Right to legal redress:
"In the Republic of Hungary everyone is entitled to legal redress or has the right of appeal against court or administrative decisions, or any other authority's decision that infringe his rights or lawful interests".
Article 70/K:
"Claims deriving from infringement of fundamental rights and objections to state (administrative) decisions in regard to compliance with duties may be brought to the Courts."
(See Annex 3)
Article 2 of the Constitution of Latvia (1922) states that the sovereign power of the Latvian State shall belong to the People of Latvia.
Article 30 of the Law on the Rights and Obligations of a Citizen and a Person (December 1992) states that each person has the right to freely acquire and disseminate information, to express his/her views and ideas in oral, written or any other form. The realization of these rights must not be restricted by censorship...
Article 34 of the Law on the Rights and Obligations of a Citizen and a Person (December 1992) states that each person has the right to turn to the institutions of the State government and administration with individual or collective submissions or proposals and to receive an answer in accordance with the procedures prescribed by law.
Article 2 of the Law on Environmental Protection (1991) states that the one of the fundamental principles of the law is to insure complete and open information about the condition of the environment.
Article 13 of the Law on Environmental Protection (1991) states that the public (including public organizations) have the right to demand that competent State institutions publish and announce the results of environmental impact statements and inquiry results about environmental problems.
Article 14 of the Law on Environmental Protection (1991) imposes on local environmental protection authorities the duty to regularly inform inhabitants about the condition of the environment.
The article of the Law on Environmental State Expertise that the project developer and planner are responsible for discussing the project concept and potential environmental effects with representatives of social organizations and local residents.
Article 47 of the Law on Environmental Protection (1991) states that the public control of environmental protection and the use of natural resources is realized by public organizations, movements and inhabitants.
Article 40 of the Regulations for Territorial Planning (September 1994) states that the first draft of the comprehensive plan shall be temporarily ... submitted by local government for public discussion. Any interested parties may, during the time allocated for discussion, submit her/his reference in writing. An announcement on the availability of the first draft of the comprehensive plan and the day of discussion must be published in Latvijas Vestnesis and the local newspaper by the project leader at least one week before the plan becomes available.
Article 43 of the Regulations for Territorial Planning (September 1994) states that the comprehensive plan shall be adopted in an open local municipality or local municipal council meeting. During the meeting, any interested person shall have an access to the materials submitted for public discussion.
Law on Environmental Protection "to monitor changes of environmental quality and to inform society; to establish sound environmental standards; publicly to announce plans for economic activity which may have an adverse environmental effect; under public request to make the state environmental impact assessment or justifiably decline that proposals; to evaluate conclusions of public environmental impact assessment and to give obligatory character for it or justifiably decline it; to encourage the participation of citizens and public organizations in environmental protection"
Article 12 on publicity of EIA procedure (of the draft project of law on EIA): public have the right to participate in EIA process, to receive information from governmental/regional/ local authorities about EIA, to provide proposals, remarks and pretensions which should be investigated by the client of the planned project; client of the planned project to organize public participation/public hearing by his own expenses; procedural rules/order for information about planned activity and public participation in EIA process should be prepared by Lithuanian Government after adoption of EIA Law by Lithuanian Seimas (Parliament). All cases of conflicts and argumentation concerning implementation of EIA Law investigate court of law of Lithuania
Article 7, Energy and Environmental Protection: energy activities are regulated by environmental protection laws and normative documents according to ratified international environmental conventions
Article 8, Rights and Duties of Energy Consumers: all energy consumers should use energy according regulations adopted by Government. Rights of energy consumers are under defense of Law on Defense of Consumers' Rights
Instruction of Ministry of Environmental Protection No.27 on February 15, 1995: implementing the duty of state institutions of governance and control, provided by Law on Environmental Protection (Chapter II Article 8 Paragraph 8-9), to promote citizens to participate in environmental protection ... also to support citizens with implementation of their rights for organizing of public control of environmental protection, provided by Law on Environmental Protection (Chapter II Article 7 Paragraph 6), also according to the Statute of Ministry of Environmental Protection (6:16; 6:17 paragraphs) and Administrative Code (Article 259'1:1 paragraph 7, 2, 3) the Minister of Environmental Protection commands:
Statute of Supernumerary inspectors of environmental protection: each citizen (not younger than 18 years old) of Lithuanian Republic can be supernumerary inspector of environmental protection under his wish and authorized by Ministry of Environmental Protection
Article 71 of the Constitution states:"Citizens of the Polish Republic have the right to enjoy the values of natural environment and a duty to protect it"
Right to Free Speech, Expression and Assembly
Article 83 of the Constitution states: "Polish Republic guarantees to its citizens freedom of speech, freedom of the press, freedom of assembly and meetings, and freedom of processions and manifestations".
Right to Association
Article 84 (1) of the Constitution states: " In order to develop political, social, economic and cultural activity, Polish Republic guarantees to its citizens the right of association"
Right to Petition
Article 86 of the Constitution states: "(1) Citizens of the Polish Republic shall participate in exercising public control, in consultation and discussions upon key issues concerning the development of the country, and may submit their proposals.
(2) Citizens have the right to lodge complaints and grievances to all state bodies"
"par 1. Civic association, in a case concerning other's subject rights, may demand:
1) to initiate proceedings
2) to be allowed to participate in the proceedings, if it is motivated by its statutory goals and the public interests requires it.
par 2. State administration body, complying with the demand, decides to initiate proceedings or to allow the association to participate. In case of refusal civic association may appeal by lodging a complaint.
par 3. Civic associations participate in the proceedings with the party's rights.
par 4. State administration body, instituting proceedings concerning other subject's rights, shall inform a civic association, if considers the association might be interested in participating because of its statutory goals, and if the public interest requires it.
par 5. Civic association, which does not participate in the proceedings with the party's rights, may submit to the state administration body, with then acceptance of this body, its opinion concerning the case, expressed in a resolution or a statement of its statutory body".
2. The Environmental Protection Act of 31 January 1980 (Dziennik Ustaw no 3/1980 item 6, as amended)
Article 99:
"1. Agencies of villages or municipal districts, workers self-management, trade unions, and other civic organizations interested in environmental protection because of the subject matter of their activity, may undertake activities aiming to protect the environment and seeking to implement the citizen's right to the environment, in particular:
4) filing proposals aiming to protect the environment in the course of development and operation of investment projects
5) cooperating with state-owned enterprises in preparing and implementing programs and plans for improving the environment
6) increasing the public influence on the environmental performance of companies;....."
Article 100:
"1. Organizations referred to in Article 99 section 1 may petition appropriate state administration bodies for applying measures to secure the environment; as well as to file a lawsuit to the court seeking stopping making harm to to the environment on given area and claiming restoration or compensation and limitation or cessation of the harmful activity.
2. The state administration body responsible for granting planning permission, before issuing permission concerning development project likely to have significant environmental impact, shall inform the appropriate civic organizations about the project; within the specified time not exceeding 30days, these organizations may present their remarks and objections.
3. The appropriate state administration body shall consider the remarks and objections and inform the civic organizations whether and to what extent their submissions were accepted".
Article 31 (1): stipulates "A person's right of access to any information of public interest cannot be restricted."
Article 31 (2): "The public authorities, according to their prerogatives, have the obligation to guarantee the citizens proper information on public issues as well as on matters of personal interest."
Article 31 (3): stipulates the obligation of the media, both public and private, "to assure the correct information of the public opinion."
Article 47 (1): "The citizens have the right to apply to public authorities, by petitions drawn up only in the name of the applicants."
Article 47 (2): "The organizations legally constituted are enabled to direct petitions only in the name of the groups they represent."
Article 47 (3): stipulates that the exercise of the right to petition is tax exempt.
"Every person is entitled to bring cases before the courts for the defense of his legitimate rights, liberties and interests."
Moreover, under article 48 (1):
"Any person aggrieved in his legitimate right by an administrative act or failure of a public authority to solve his application within the legal term is entitled to the acknowledgement of his right, annulment of the act and remedies for the damages."
Article 27, par. 1 of the Constitution declares that "The petition right is guaranteed".
Article 28, par. 1 of the Constitution declares that "The right for quiet assembling is guaranteed".
Article 29, par. 1 of the Constitution declares that "The right for free associating is guaranteed".
Article 44, par. 1 of the Constitution proclaims that "Everyone has the right for favorable living environment".
Article 44, par. 2 of the Constitution proclaims that "Everyone is obliged to protect and improve living environment".
Article 45 of the Constitution proclaims that "Everyone has a right to accurate and full information on the state of environment and on causes and consequences of this state".
Article 6, par. 1 states that "Association is established by its registration", and par. 2 declares that " the proposal for registration must be submitted by at least three persons, among them at least one must be over 18 years old (which is referred to as preparatory committee). The proposal must be signed by members of preparation committee with their names, identity numbers and addresses. They must choose the representative and add the statutes in two copies, with: a) name of association, b) permanent address, c) purpose of activity, d) organs of association and ways of their establishing and the representatives, e) establishment of organizational units, if any f) principles of management ".
Article 2 states that "The proposal to declare a referendum submits the chairman of the Slovak National Council to the President of the Slovak Republic up to five days since accepting resolution of the Slovak National Council on realizing the referendum".
Article 3 states that "If referendum is going to be declared on the basis of petition it is proceeded according to the Act on Petition. The petition which is requesting to declare the referendum is submitted to the President of the Slovak Republic by citizens.
Article 15 states that "Everyone has the right to claim, in a given way, his rights concerning matters of the environment with the competent authority, flowing out from this act and from other decrees regulating the environmental matters".
Article 17 determines the duties for living environment protection. In par. 1 it states that "Everyone is obliged, before all by adopting measures directly at sources, to precede polluting or damaging living environment and to minimize negative impacts of his activity on living environment". In par. 2 it states that "Everyone who uses land or natural sources, who designs, builds or removes buildings is obliged to do these activities only after assessing their impacts on living environment and land capacity, to the extent given by this act and particular decrees". In par. 3 it states that "Everyone who planes to start with new technologies, products or materials is obliged to make sure that they fulfill conditions of living environment protection and make it possible to assess them, in particular cases given by this act and other provisions, from the point of view of their impacts on living environment".
Article 18, par. 1 of this act states that "Everyone who is polluting or damaging living environment by his activity or who is using natural sources is obliged to control the impacts and to know the consequences". In par. 2 of this article it states that "Juridical and physical persons with license for private business are obliged to put forward information about the impact of their activity on living environment in the extent and under the conditions stipulated by a special decree".
Article 19 obliges citizens to participate in the effort to protect the environment. It states: " Everyone who learns about a threat to the environment or about environmental damage is obliged to take such measures that are within his or her powers to eliminate the threat or minimize its consequences and to report the facts without delay to the state administrative authorities, the duty not to report is only for the person threatening his or her own health or health of a close person". Articles 20 to 26 and enclosures 1,2,3,4 set the basis for the EIA Act.
Article 3, par. 3 b of this act states that "The citizen is obliged to take part in protecting and improving the living environment of the municipality." Article 4, par. l of this act declares that "The municipalities make independent decisions and provide all the functions connected with the administration of the municipality and the municipal property if a particular law does not assign such functions to the state or other juridical or physical person".
Article 4, par. 2 of this act proclaims that "The self-government of the municipality is performed by citizens: a) by the authorities of the municipality b) by voting of the citizens of the municipality c) by public meeting of the citizens of the municipality ". Article 4, par. 3 d, declares that "The municipality is governing its internal affairs, mainly directing economic activity by issuing binding standpoints to the local investment schemes within municipality, to the local sources use, to the beginning of private business of juridical and physical persons and gives standpoints to the intentions of their activity, if it concerns the interests of the citizens and municipality ", and par. 3 g, declares that "The municipality is creating and protecting sound conditions and sound way of life and work for the citizens of municipality, is protecting living environment and creating conditions for education, culture, art activity, physical activity and sport ".
Article 11, par. 3 declares that "It is the self-government body which makes decisions on basic issues in the life of the municipality, and mainly provides: par. 3 f) voting of the citizens of the municipality on the most important issues of the municipality's life and development and it calls public meetings of the citizens ". Article 11 a) par. 1:" The self-government declares voting of the citizens, if there is a proposal par. 1 c) of a petition of a group of the citizens of municipality, representing 20 % of all competent voters ". Article 11 a) par. 6:"The self-government can declare voting of the citizens of the municipality also before making decision on other important issues ". Article 11 a) par. 7: "Voting of the citizens of the municipality is valid, if the majority of the citizens, competent to elect, are participating. The decision of the citizens of the municipality is accepted, if it was given the majority of the given votes ". Article 11 b) declares that "To discuss municipal affairs, the municipality can call a public meeting of the municipality ".
Article 12, par. 4 proclaims that "The self-government meeting is always open for public. To exclude the public is only possible in the case when the discussed matters are of state secret ", and par. 5 declares that "Any citizen of the municipality can be granted a word ".
Article 15, par. 1 proclaims that "Self-government can establish commissions as its permanent or temporary advising, initiative and control bodies ". Article 15, par. 2 proclaims that "The commissions consist of representatives of self-government and of the citizens of the municipality elected by the self-government body. Article 15, par. 3 proclaims that "The structure and the tasks of the commissions are set by the self-government body ".
Article 25 on representatives of self-governments /referred to as deputies/ declares in par. 3 a) that " Deputy has right to submit proposals to self-government and other bodies ", in par. 3 d) that " Deputy can ask for information and explanation the juridical and physical persons, who provide entrepreneurial activity within the municipality, about the impacts of their entrepreneurial activity on the municipality ", and par. 6 declares that " Deputy is obliged to inform the voters on his or her activity and on the activity of the self-government body" .
Article 4., par. 1e) declares that " District Office for Living Environment is informing public according to the article 13 of the Clean Air Act, to 6 months of the next year at latest, on quality of air and on the portion of each polluter ". Article 4, par.2 states that " District Office for Living Environment issues the generally binding public notifications for air protection on its territory and subdistrict office decrees the limitation or stop of the working of the pollution source and informs the public in a given way ". Article 9, par. 2b) sets the duty for the persons acting as state supervisors for clean air "To be silent in the matters of the state, economic and official secret, which they have learned about by acting as supervisors".
Article 5, sets the duties for subdistrict office of living environment and in par. 3c) states the same duty for subdistrict office:"To provide the information for the waste producers, on their request, about the municipalities with equipment suitable for waste disposal".
Article 6 sets the duties for municipality: in par. 1 states that "The municipality issues generally binding decrees for municipal waste disposal", and in par. 2 states that "The municipality gives standpoints to the proposed programmes of the waste management submitted by producers of waste in the municipality".
Article 9, par. 2b sets the duty for the persons acting as state supervisors for clean air "To be silent in the matters of the state, economic and official secret, which they have learned about by acting as supervisors".
Article 24 declares that: " The land use planning authority must answer to the written objections submitted to the land use plans of the zones in time, up to 60 days since the land use planning scheme approval, and to explain in the written form whether the objections were accepted or not and in case not, to give reasons why not ".
Article 34, par. 4 declares that " The other residents in the municipality are not the participants of the land use proceedings".
Article 11 states that "The physical person has the right for personality protection, especially protection of life and health".
Article 415 states that "Everyone is obliged to act in the way not to damage the health, the property, the nature and the living environment".
Except in such circumstances as are laid down by statute, each person shall have the right to obtain information of a public nature, provided he can show sufficient legal interest as determined by statute.
Article 4, Environmental Protection Act (EPA): (1993 July) Environmental protection shall be ensured within their respective competencies and responsibilities, by:
Article7 (1), EPA: Prior co-operation of the parties specified in Article 4 hereof must be ensured in any institutionalized approach to environmental protection.
Article 91, EPA: The Council shall deal with, adopt positions on,give opinions and suggestions on, and inform the public regarding the:
The Council may propose motion or submit to the ombudsman its opinions on any matter within its competence.
The classification of phenomena subject to monitoring and common methodological bases shall be prescribed by the Government. The conception of monitoring, the implementation methodology, the necessary qualifications of the bodies responsible for monitoring according to paragraphs 1and 2 of this Article (monitoring of natural phenomena; immission monitoring for soil, water and air, for flora and fauna, and for health-related ecological conditions), the quality of the equipment, and the necessary accreditation and manner of regular provision of information to the public shall be prescribed in the rules prepared by Ministers in accordance with their competencies referred to in the preceding paragraphs (Ministers responsible for: agriculture and forestry, natural heritage, for health).
Article 5 (1) 6, EPA: Environmental strain, regardless of whether the strain itself or its consequences are involved, is any Activity or any effect of such an Activity which exclusively or in concert with others has caused or is causing environmental pollution, the depreciation of the environment, risk or damage to the environment, and the use or exploitation of natural resources.
Article 5 (1) 7.2: Environmental pollution, regardless of whether the act of polluting or the pollution itself is involved, is the harmful impact or effect of Activities which reduce the neutralizing and regenerative capacity of the environment and the possibility for its use and exploitation and cause material damage. Depreciation of the environment is the harmful impact and effects of Activities which cause the degradation of non-expendable natural resources and natural conditions concerning the quality of life.
Article 5 (1) 7.3.1, EPA: Environmental risk is the possibility that an Activity will directly or indirectly harm the environment or human life or health.
Article 5 (1) 8, EPA: Environmental damage is the result of an Activity which exceeds the regenerative capacity of the environment and the framework of allowed Activity in it, and involves a larger scale degradation or destruction of the environment or part of it.
Article 5 (1) , 4.1, EPA: An activity affecting the environment is any permanent on temporary human activity or omission whose impact is likely to, or endangers health or the environment, resulting in an artificial change in the environment, an environmental strain, or a restriction of its natural process of change, and pertaining in particular to the following:
The party responsible for excessive strain shall be held criminally and financially liable in accordance with the law.
The liability referred to in the preceding paragraph shall also apply to party who, through his illegal or incorrect action, has enabled or allowed the responsibility party to excessively strain the environment.
Financial liability shall also apply to the State and Local Authorities respectively, when under subsidiary obligation to act. The party responsible for an environmental strain or his legal successor shall eliminate the source of pollution and the effects of his direct or indirect excessive environmental strain.
Ownership transformation of companies and other legal persons, transfer of ownership, restitution of property in the process of denationalisation, forced settlement, bankruptcy, and liquidation shall also include an assessment and determination of the party under environmental strain. Any transfer of ownership shall also include settlement of existing liability claims.
The Minister (MoE) shall, after obtaining the opinion of other competent Ministers, prescribe the activities, scope and content of ecological records and the manner of their keeping for specific types of activities, as well as the content and manner of presentation of the data to the Ministry.