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, Vol. 8, No. 1, 2011, p. 62-81.Research output: Journal contributions › Journal articles › Research › peer-review
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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 -