Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Iordanov, Iordanca-RodicaSubject: search.filters.subject.access to environmental information

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    ROLUL AUTORITĂȚILOR PUBLICE ÎN PROCESUL DE ASIGURARE A DREPTULUI OMULUI LA ACCESUL LIBER LA INFORMAȚIILE DE MEDIU
    (CEP USM, 2023) Punga, Irina; Iordanov, Iordanca-Rodica
    In a democratic society, keeping information about the environ-ment and the impact of activities on the environment secret is unacceptable. The right of access to environmental information is one of the fundamental human rights. In the Republic of Moldova, the right of access to environmental information is a constitutional right. Thus, according to the Constitution of the Republic of Moldova, Art. 37 para. (2), the state has a positive obligation to guarantee to everyone the right to free access to and dissemination of truthful information on the state of the natural environment, living and working condi-tions, the quality of food and household items. The first international agreement to recognise the importance of public ac-cess to information in environmental decision-making is the Aarhus Conven-tion. The Convention recognises that access to environmental information is essential for protecting the environment and promoting sustainable develop-ment. By ensuring access to environmental information, the public concer-ned can make informed decisions about the environment, participate in deci-sion-making processes and hold governments and other relevant authorities accountable for their actions. The right of access to environmental informati-on should be seen both in terms of the public’s right to request information and in terms of the positive obligation of state authorities to actively disseminate environmental information to the public concerned. Public authorities have a crucial role in ensuring public access to environmental information. By collec-ting, storing, and disseminating this information, public authorities can help citizens to make decisions about the environment and take action to protect it. The protection of the right of access to environmental information cannot be achieved without effective mechanisms to protect it. Under the Aarhus Con-vention, parties must establish a national framework for the implementation of the Convention and ensure compliance with its provisions. This framework should include procedures for dealing with complaints and ensuring access to justice in environmental matters. One of the mechanisms for ensuring com-pliance with the Aarhus Convention is the Compliance Committee. Over the years, the Committee has received numerous complaints about the right of access to environmental information, including complaints about the failure of public authorities to provide environmental information in a timely and effective manner. The present study aimed to analyse the role of public authorities in the pro-cess of ensuring the right of access to environmental information through the lens of the decisions and findings of the Compliance Committee and including the problems still faced by individuals and organisations seeking access to environmental information.
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    PARTICIPAREA CIVILĂ ÎN PROCESE DECIZIONALE DE MEDIU ÎN CONTEXTUL CRIZEI DECLANȘATE DE COVID -19
    (Artpoligraf, 2021) Iordanov, Iordanca-Rodica; Punga, Irina
    Public involvement or citizen engagement can be thought of as the processes that ensure the sentiments / position of citizens and non-governmental organizations are reflected in the way a authorities operate. More formally, the United Nations Department of Economic and Social Affairs defines public participation „the involvement of citizens in the decision making process of the State - through measures and / or institutional arrangements -to increase their influence on public policies and programs, ensuring a more positive impact on their social and economic levels”. The 2020 will remain in history as year of global pandemic with strong restrictions. Most Governments have responded to the coronavirus disease (COVID-19) pandemic by declaring a state of emergency and by adopting numerous measures to combat the spread of the virus, which have often included restrictions on the freedoms of assembly and movement. It is important to realized that the fundamental environmental rights should be respected and state should create and elaborate the adequate mechanism for guaranteeing the right to access to information and public participation in decision making process on environmental matters.