Proceduralisation and the Aarhus Convention

Abstract

In the context of legal evolution, it is apparent that initiatives in environmental law are having an impact upon other legal fields and additionally upon the workings of the legal system itself. The legal system is failing adequately to protect the environment; once we accept this it is necessary to turn to solutions. Aspects of reflexive legal theory, such as increased access to the decision-making arena, are being eagerly adopted at EU level as an attempt to overcome the shortcomings inherent in the legalisation of environmental matters. One principal problem relating to the process of legalising environmental concerns is that of problem definition. It is argued that the advancement of enhanced participation in this field will result in more readily applicable solutions being raised. The issue assessed in this article is whether procedures which lead to greater participation in the decision-making process result in more effective legal output which ensures better protection of the environment. Enhanced participation is touted as a means to clarify the public interest and inculcate responsibility for the environment. It is thus assumed that the policy output is more representative of the consensus of public opinion. The Aarhus Convention is assessed in terms of its standing as a potential normative model of proceduralisation. Its compatibility with the sections of the Convention relating to participation and EU environmental law are analysed.