The principle of access toenvironmental information is protected by our legislation.
This right corresponds to the obligation and the onus on the public administration to publicise and disclose this information.
The importance ofenvironmental information,especially for the most complex and environmentally impactedprocedures, led even before the adoption of Law No. 241/1990 (which provides for general rules on administrative proceedings and access to documents), to approve theArt. 14 of Law No. 349/1986 whereas it identified in the Ministry of the Environment the duties ofenvironmental information and at the same time, in paragraph III, it consecrates the right of each citizen to access “the information on the state of the environment available, in accordance with the current laws” , as well as the right to view and extract a copy of it.
The legislation has undergone numerous changes over the years through the implementation of EU regulations such as Directive 90/313/CEE,which was adopted with great delay by the D.lgs. N. 39/1997 and with the ratification of the Aarhus Convention signed in 1998 and ratified in Italy by Law No. 108 of March 16, 2001.
Subsequently, the 2003/4/CE Directive was adopted with the D.lgs. N. 195/2005 which is the most significant corollary to date on the regulatory legislation of access toenvironmental information.
In this context, the legislature, after clarifying to art. Two important notions such as:
- environmental information;
- public authority;
- information held by public authorities;
It inspires the standard to the principles of timeliness in the release of information (30 days) and active collaboration of the P.A. with regard to private applicants.
We assist clients in administrative and judicial proceedings relating to the protection of the right of access, with particular reference to the requirements of art. 3 (“Access ofenvironmental information on demand”) and 5 (“Cases of exclusion of the right of access”) of Legislative Decree No. 195/2005.