3.C.1.2 Instruments for involving the public in environmental decision-making
Instruments for involving the public in the environmental decision-making Current legal basis Remedial actions required at the national and regional levels Operational targets
Right to healthy environment Constitutions    
EIA Laws and/or regulations To adopt, by 1997, legislation on EIA, where not available; to harmonize, by the end 1997, key elements of the national EIA procedures in the frameworks of the Istanbul Commission; to become parties, by 1998, to the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo) To involve public in decision-making on land-use, urban planning, coastal zone management; to take into account interests of the population while developing coastal zone; to take into consideration transboundary issues in coastal zone management
Right to get information, i.e. environmental information Constitutions and/or Laws on protection of the environment To adopt, by 1998, legal acts identifying categories of environmental information which are closed and are to be open to the public; to harmonize, by 1998, these categories through the Istanbul Commission To provide the population of the coastal zone with full environmental information; to stimulate public involvement in the decision-making process
Enforceable procedures for access to environmental information   To define, by 1997, on a legislative basis avenues to make the information public; to hold State officials responsible for not-providing environmental information To ensure the right to get environmental information; to provide citizens with the legal tools to defend their right to environmental information
Development of the role of environmental NGOs Constitutions and laws on environmental protection and/or public associations To establish, by 1997, legal basis for environmental NGOs participation in policy-making, implementation and assessment in the sphere of environmental protection and natural resources use To stimulate and to reinforce control over public authorities and public and private enterprises by the environmental NGOs
Legal avenues for challenging acts of state officials and State organs Laws on civil and/or administrative procedures To adopt, by 1997, legislation providing for the possibility to submit a law suit against a State official or State organ; to adopt, by 1997, rules obliging State officials to meet with the public on their request and to answer questions on environment To ensure open access to administrative organs; right to appeal to administrative organ of higher level or to a judicial organ; to reinforce responsibility of officials for decisions they made in the sphere of environment
Legal basis for compensation of the environmental damage Civil Code, Civil Procedure Code, Laws on environmental Protection, Rules on Environmental damage assessment To adopt, by the 1998, and/or further develop liability regimes; to develop and / or update, by the end of 1998, systems for the environmental damage assessment (EDA). To harmonize, by 1998, key elements of liability regimes and EDA systems. To ensure, by 1997, open access to judicial organs, also in transboundary context. To start coordinating, by 1997, enforcement mechanisms for judicial decisions in the environmental sphere To ensure citizensí rights to obtain due and sufficient compensation for the actual harm to property and health suffered through damage to environmental; to put the burden of compensation on legal entities, responsible for degradation of the environment
Urban and land-use planning law Urban and land-use planning laws To adopt, by the end of 1997, legislation on the jurisdiction of municipal authorities with respect to natural resource management; to adopt, by 1998, basic urban-planing legislation, where not available; to develop specific urban planning rules for the coastal zone; to adopt, by 1997, or to develop legislation on land-use To define scope of municipal jurisdiction over natural resources; to provide financial resources; to ensure public participation, i.e. through the EIA procedures where appropriate, in the urban and land - use planning, in the Coastal Zone, in particular; to ensure citizenís rights to land
Legal basis for defending traditional uses of natural resources, i.e. marine resources, in the coastal zone Coastal Zone Management regulations To adopt, by the end of 1998, and/or to develop coastal zone management legislation, providing for protecting and financing development of traditional uses of marine and other natural resources To protect traditional uses of the Black sea resources and ways of life of the sea shore population, where practical and desirable, with the goal to ensure sustainable development of the region

See also

3.C.1 Coastal zone management, planning and public participation
2.C.3 Involving the public in environmental decision-making
2.C.3 Ecological demonstration in Turkey