Environmental democracy column
Crespy-De Coninck, Marie
Environmental democracy column - 2023.
14
In the absence of major legislative and regulatory changes, 2022 was the year of the review of the public participation procedure reforms resulting from Ordinance N° 2016–1060 of August 3, 2016. On the whole positive, this assessment nevertheless leads to the formulation of recommendations aimed at accelerating the transition to a deliberative democracy in environmental matters. In addition, in terms of public debate and prior consultation, the case law of 2022 has clarified certain details regarding the implementation of Article 7 of the Environmental Charter as well as the assessment of the effectiveness of participation procedures. Finally, in terms of public inquiry, the Council of State specified the procedures for regularizing acts tainted by a formal defect, the organization of a public regularization inquiry appearing less and less necessary. Combined with recent legislative developments, this case law is part of a general movement toward gradually substituting public participation procedures by electronic means with public inquiries, which contradicts the aim to strengthen environmental democracy.
Environmental democracy column - 2023.
14
In the absence of major legislative and regulatory changes, 2022 was the year of the review of the public participation procedure reforms resulting from Ordinance N° 2016–1060 of August 3, 2016. On the whole positive, this assessment nevertheless leads to the formulation of recommendations aimed at accelerating the transition to a deliberative democracy in environmental matters. In addition, in terms of public debate and prior consultation, the case law of 2022 has clarified certain details regarding the implementation of Article 7 of the Environmental Charter as well as the assessment of the effectiveness of participation procedures. Finally, in terms of public inquiry, the Council of State specified the procedures for regularizing acts tainted by a formal defect, the organization of a public regularization inquiry appearing less and less necessary. Combined with recent legislative developments, this case law is part of a general movement toward gradually substituting public participation procedures by electronic means with public inquiries, which contradicts the aim to strengthen environmental democracy.
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