No balanced public participation took place in the context of the identification of European energy infrastructure projects of common interest (PCIs) - the organized civil society was informed at the last minute about the compilation of the lists. Projects of common interest receive priority status and the national permitting procedures for these projects shall be much quicker. The first list of projects of common interest is to be adopted by 30 September 2013. The proposed lists include some projects that are controversial to energy policy and environmental law. A transparent process involving all stakeholders should have been carried out in order to ensure an effective and transparent shift to renewable energies.
The European Court of Justice (ECJ) confirmed that the right of access to information exists when authorities are adopting regulatory instruments pursuant to enabling powers contained in a legal rule of a higher rank. In order to ensure the proper conduct of legislative procedures public authorities acting in a legislative capacity are exempt from the obligations to provide information imposed by the EU directive on public access to environmental information. The ECJ has now reiterated that in terms of the Aarhus Convention this the exemption shall not apply to authorities when they prepare and adopt normative regulations which are of a lower rank than a law.
geändert am 04.09.2013