Public Participation and EIA in the Multi-Stage Decision-Making Process: The Czech example

Summary

ABSTRACT

In Czechia, the EIA procedure is the very first step in a long chain of permitting procedures. This chapter focuses on such multi-stage decision-making process from the perspective of public participation, and provides several examples from the Czech case law and administrative practice. The authors conclude that the quantity of various specific regimes itself has a huge impact on effectiveness of public participation and the narrow scope of various proceedings seems restrictive, pushing the public to carefully select its arguments or employ a “carpet bombing” tactics instead. Moreover, multiple decision-making generates costs on all sides, including investors and administrative bodies.

KEYWORDS

Czech Republic; EIA; infrastructure development; public participation

INTRODUCTION

The separate environmental impact assessment (EIA) usually forms a part of a multi-stage decision making process which, at first glance, brings additional requirements as regards coordination of the official authorities and their statements or decisions.

Furthermore, a multi-stage decision making process might create problems which are not obvious per se but may present substantial threat to effective public participation.

In our contribution, we will discuss these issues on example of the legal regulation in Czechia and its recent changes. We focus on the advantages and disadvantages of the EIA as a part of the multi-stage decision making process from the perspective of public participation, and provide several examples from the Czech case law and administrative practice to answer the question whether the public participation can be an effective and under which conditions.

QUEST FOR COMPLIANCE

First of all, some introductory remarks should be made as regards a long struggle of the Czech legislator to fulfil the criteria of the EIA Directive. While most of the Member States opt for the EIA procedure integrated into the existing procedures for development consent to projects, some countries, including Czechia, use the second option offered by Article 2.2 of the EIA Directive and establish a specific, separate procedure to comply with the aims of the Directive.

HISTORICAL DEVELOPMENT

The EIA procedure was introduced in the Czech legal system more than two decades ago, in 1992. Current legislation was adopted in 2001 and has been amended several times since then. In 2006, the European Commission had opened a case against Czechia, and although it amended its legislation in 2009, the case was brought to the Court of Justice.