Private Bodies as Public Authorities under International, European, English and German Environmental Information Laws

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Private Bodies as Public Authorities under International, European, English and German Environmental Information Laws. / Schomerus, Thomas; Bünger, Dirk.
in: Journal for European Environmental & Planning Law, Jahrgang 8, Nr. 1, 2011, S. 62-81.

Publikation: Beiträge in ZeitschriftenZeitschriftenaufsätzeForschungbegutachtet

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@article{386cb4ecafc7494a9838a3cc54ef6751,
title = "Private Bodies as Public Authorities under International, European, English and German Environmental Information Laws",
abstract = " Th e Aarhus Convention, the Directive 2003/4/EC and national legislation, respectively, give citizensa right of access to environmental information as held by either public authorities or privatebodies. For such information to be accessible, the body in question must have public responsibilitiesor functions or provide public services such as natural gas, electricity, sewerage and waterservices etc. Th e United Kingdom (UK) Environmental Information Regulations 2004 (EIRs)and the federal German Environmental Information Act (EIA), however, provide insuffi cientdefi nitions of the private bodies in question. Th e parallel existence of the EIRs/EIA and Freedomof Information Acts (FOIAs) in the UK and in Germany adds further complexity to the situation.Unlike the UK implementation under which there is specifi c guidance which gives relativelygood advice, the situation in Germany is pitiable. A more citizen-friendly solution to theseproblems could be the creation of a joint statute. Th is joint statute would provide for a comprehensivelist of covered authorities.",
keywords = "Commercial law, Umwel tinformationsgesetz , access to environmental information held by private bodies , public authorities , freedom of information , Environmental Information Regulations , Directive 2003/4/EC , Aarhus Convention",
author = "Thomas Schomerus and Dirk B{\"u}nger",
year = "2011",
doi = "10.1163/187601011X559727",
language = "English",
volume = "8",
pages = "62--81",
journal = "Journal for European Environmental & Planning Law",
issn = "1613-7272",
publisher = "Brill",
number = "1",

}

RIS

TY - JOUR

T1 - Private Bodies as Public Authorities under International, European, English and German Environmental Information Laws

AU - Schomerus, Thomas

AU - Bünger, Dirk

PY - 2011

Y1 - 2011

N2 - Th e Aarhus Convention, the Directive 2003/4/EC and national legislation, respectively, give citizensa right of access to environmental information as held by either public authorities or privatebodies. For such information to be accessible, the body in question must have public responsibilitiesor functions or provide public services such as natural gas, electricity, sewerage and waterservices etc. Th e United Kingdom (UK) Environmental Information Regulations 2004 (EIRs)and the federal German Environmental Information Act (EIA), however, provide insuffi cientdefi nitions of the private bodies in question. Th e parallel existence of the EIRs/EIA and Freedomof Information Acts (FOIAs) in the UK and in Germany adds further complexity to the situation.Unlike the UK implementation under which there is specifi c guidance which gives relativelygood advice, the situation in Germany is pitiable. A more citizen-friendly solution to theseproblems could be the creation of a joint statute. Th is joint statute would provide for a comprehensivelist of covered authorities.

AB - Th e Aarhus Convention, the Directive 2003/4/EC and national legislation, respectively, give citizensa right of access to environmental information as held by either public authorities or privatebodies. For such information to be accessible, the body in question must have public responsibilitiesor functions or provide public services such as natural gas, electricity, sewerage and waterservices etc. Th e United Kingdom (UK) Environmental Information Regulations 2004 (EIRs)and the federal German Environmental Information Act (EIA), however, provide insuffi cientdefi nitions of the private bodies in question. Th e parallel existence of the EIRs/EIA and Freedomof Information Acts (FOIAs) in the UK and in Germany adds further complexity to the situation.Unlike the UK implementation under which there is specifi c guidance which gives relativelygood advice, the situation in Germany is pitiable. A more citizen-friendly solution to theseproblems could be the creation of a joint statute. Th is joint statute would provide for a comprehensivelist of covered authorities.

KW - Commercial law

KW - Umwel tinformationsgesetz

KW - access to environmental information held by private bodies

KW - public authorities

KW - freedom of information

KW - Environmental Information Regulations

KW - Directive 2003/4/EC

KW - Aarhus Convention

U2 - 10.1163/187601011X559727

DO - 10.1163/187601011X559727

M3 - Journal articles

VL - 8

SP - 62

EP - 81

JO - Journal for European Environmental & Planning Law

JF - Journal for European Environmental & Planning Law

SN - 1613-7272

IS - 1

ER -

DOI