Access to information, participation, and access to justice in environmental matters: from the Aarhus Convention to the Boxus decision

Abstract

In spite of the existence of a constitutional right of the citizens to the access to the files and administrative records, the regulation of this right is not wide at Spanish Law. This reticence does not affect the right of access to the environmental information, due to the momentum received from the European Union Law. Contrary to the situation in other countries, there is a clear duality between the common right of access to administrative files and records and the regulation of the right of public access to environmental information. The right of participation in environmental decisionmaking is not an autonomous right at Spanish Law. Nevertheless, the regulation of a specific access to justice in environmental matters, also taken from the European Union law, shall result in a considerably major possibility for the environmentalists NGO s in order to introduce observations in the administrative procedures with environmental object.