The Dissonance Between Participation Goals and the Regulatory Framework of Climate Governance in the EU

Abstract

The current climate emergency is a reality that demands a a "WoS" (Whole of Society) governance approach, and there is a consensus that the participation of stakeholders and society is fundamental for the implementation of necessary actions. The Aarhus Convention imposes on the respective Parties, including the EU and its Member States, the implementation of mechanisms that promote public participation, both in the definition of environmental policies and plans and in relation to private and public actions with environmental impact. It also foresees the obligation to ensure access to administrative or judicial review. The Aarhus Regulation and the Climate Governance Regulation adopted in the EU present inadequacies that have generated criticism, including in the evaluation carried out by the Compliance Committee of the Aarhus Convention. Thus, a dissonance is observed between the regulatory framework in force and the proclaimed objectives.