The paper examines the relevance of the right to information and public participation in the context of the consultation process to update the Italian National Energy and Climate Plan (NECP), which was recently adopted pursuant to regulation (EU) 2018/1999 of the European Parliament and of the Council on the governance of the EU for energy and climate action. To this end, the paper will firstly focus on the relationship of interpretation between the rel- evant provisions of the regulation and the Aarhus Convention on the right to information and public participation. Secondly, it will examine the practice of the Aarhus Convention Compliance Committee (ACCC) in this area. The paper will then assess the performance of the Italian authorities in light of this broad legal framework and considering the AC- CC/C/2023/205 communication submitted by the NGO A Sud before the Committee. Final- ly, the author will make some brief critical remarks on the political and legislative situation of Italy, as well as on the potential role of the Committee to clarify the relevance of the right to information and participation concerning NECPs.
Public information and participation in climate decision-making process. The case of the Italian NECP from the perspective of the Aarhus Convention / Garelli, Filippo. - In: CARBON AND CLIMATE LAW REVIEW. - ISSN 1864-9904. - 17:4(2024), pp. 235-243.
Public information and participation in climate decision-making process. The case of the Italian NECP from the perspective of the Aarhus Convention
Filippo Garelli
2024
Abstract
The paper examines the relevance of the right to information and public participation in the context of the consultation process to update the Italian National Energy and Climate Plan (NECP), which was recently adopted pursuant to regulation (EU) 2018/1999 of the European Parliament and of the Council on the governance of the EU for energy and climate action. To this end, the paper will firstly focus on the relationship of interpretation between the rel- evant provisions of the regulation and the Aarhus Convention on the right to information and public participation. Secondly, it will examine the practice of the Aarhus Convention Compliance Committee (ACCC) in this area. The paper will then assess the performance of the Italian authorities in light of this broad legal framework and considering the AC- CC/C/2023/205 communication submitted by the NGO A Sud before the Committee. Final- ly, the author will make some brief critical remarks on the political and legislative situation of Italy, as well as on the potential role of the Committee to clarify the relevance of the right to information and participation concerning NECPs.File | Dimensione | Formato | |
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