Chapter 9: Lithuania

KESTUTIS NAVICKAS * SAULIUS PIKSRYS

LEGAL AND INSTITUTIONAL FRAMEWORK AND PRACTICES FOR PUBLIC PARTICIPATION

General

Constitutional Rights

General information relating to public access to justice is covered in the Constitution of Lithuania under Paragraph II, Article 30.

The Constitution of Lithuania does not specifically set the right to access of environmental information, the right to public participation or any other related rights. Some of these rights, however, are set in other national laws, ordinances and regulations.

Implementation of International Legal Instruments

• The Universal Declaration of Human Rights was ratified by the Parliament of Republic of Lithuania on April 14, 1993. In preparing the draft of the Constitution of Republic of Lithuania, the provisions of the Universal Declaration were used to entrench basic human rights.
  In a process that is still continuing, other laws have also been coordinated with these provisions. A follow up of the draft law on the Declaration of the Living Place is presently being prepared and is expected to be passed by Parliament in the summer of 1998.

• The Convention on the Conservation of European Wildlife and Natural Habitats (adopted by the Council of Europe at Bern, Switzerland on September 19, 1979) was ratified by the Parliament of the Republic of Lithuania on June 6, 1996. The Wildlife and Natural Habitats Law (VIII-498 1997) was passed in accordance with the provisions of the convention - including the provisions of Article 3.3.

• In accordance with the provisions of Directive 90/313 EEC of the European Community Council on the freedom of access to information on the environment, (adopted on June 7, 1990) the Environmental Protection Law of Lithuania has been revised. The new version of the law is being discussed presently by several parliamentary committees and is expected to be passed in the near future.

• Articles 2.2, 2.6 and 4.2 of the Convention on the Environmental Impact Assessment in a Transboundary Context (adopted in Espoo, Finland on February 25, 1991) were signed by Lithuania in 1991. The preparation process for several related documents continues and ratification of the convention is expected in 1998.

• Article 9 of the Convention on the Transboundary Effects of Industrial Accidents, (adopted in Helsinki, Finland on March 17, 1992) was signed by Lithuania in 1992. While ratification is expected in 1998, no implementation measures have been taken to date.

• Article 16 of the Convention on the Protection and Use of the Transboundary Watercourses and International Lakes (adopted at Helsinki, Finland on March 17, 1992) was signed in 1992 and has still to be ratified. Consequently, no implementation in its provisions has yet been done.

• Directive 85/337 EEC of the European Community Council on the assessment of the effects of certain public and private projects on the environment (adopted on June 27, 1985) is currently being translated into Lithuanian. The revision of legal acts in order to bring them into accordance with the Directive is expected.

• The provisions of Directive 96/61/EC of September 24, 1996 concerning integrated pollution prevention and control are taken into account in the process of the Air Protection Law preparation.

• Ramsaar Convention on Wetland protection, 1971, was ratified in 1993.

• Ratification of the 1989 Basel Convention on Transboundary Carriage of Hazardous Waste, is presently under preparation.

Implementation of International Nonbinding Instruments: Sofia Guidelines

According to the Rio Declaration, the Ministry of Environment is establishing a coordinating group for Agenda 21 involving representatives from NGOs and the public. Representatives from the Ministry of Environmental Protection, the Ministry of Communication, the Ministry of Agriculture and Forestry and national NGOs are involving in the working group of Baltic Agenda 21. At the local level, several representatives from other NGOs are also working on Local Agenda 21. For example, representatives from the Atgaja community are working together with the Kaunas municipality to coordinate Local Agenda 21.

Neither the Lithuanian Government nor the Ministry of Environmental Protection have taken any action on the Sofia Guidelines. According to the interview with the Ministry, only limited action has been taken to implement Directive 90/313 EEC of the European Community Council on the freedom of access to information on the Environment.

Powers and Responsibilities of Local/Regional Governments Concerning the Environment

For example, under the rules adopted by the Lithuanian Government on the management of green-planting in private territories, an owner has the right to manage plants on his private property - including the cutting of valuable species of trees and bushes. However, because there are many private old oak-wood domains within the city of Kaunas, that municipality adopted stricter regulations concerning the management of flora on its territory. According to these municipal regulations, anyone who wants to cut a tree (irrespectively of territorial ownership) needs permission from municipality.

Access to Environmental Information

Legislation on Access to Information/ Environmental Information

The right of access to environmental information is provided by the Environmental Protection Law No. I-2223 (January 21, 1992, Article 7, Paragraph II). In addition, the right of access to information (not necessarily environmental) is provided by the Public Information Law I-1418 (February 2, 1996 Paragraph II, Articles 3 and 6).

The Public Information Law regulates issues relating to the access of general information and the mass media (although environmental information is not specifically mentioned in it). This law in general provides the right of access and dissemination of information, stating "the people have a right to look for information, to get and to disseminate the information and ideas but this right can not restrict the rights and freedom of other people" (Paragraph II, Article 3). This law also provides the right to acquire information from official state institutions: "every person in the territory of Republic of Lithuania has a right to all official documents which were made by all state and municipal institutions except documents which contains state secrets" (Paragraph II, Article 6).

The Environmental Protection Law provides the right of access to environmental information in general: "citizens and nongovernmental organizations have a right of access to correct information concerning the state of the environment, usage of natural resources and influence of planned economic activities on the environment, as well as other environmental information" (Paragraph II, Article 7).

There is no specific law on access/provision to environmental information. The right of access to environmental information is set only in the Environmental Protection Law.

Passive Provision of Information

The definition of environmental information is given in the Environmental Protection Law and is rather general: "ecological information is the whole complex of data about the state of environmental quality" (Paragraph I, Article 1). No other laws provide the definition of environmental information.

Conditions for Obtaining the Information

The Public Information Law proclaims an obligation of all state and municipal institutions to provide information (not necessarily environmental information) concerning their activities to any permanent resident of the country (Paragraph III, Article 12).

According to the Environmental Protection Law, the Environmental Protection Ministry should inform the public about the state of environmental quality and should coordinate the process of environmental education (Paragraph II, Article 8).

According to the Law on Local Self-Government (No. I-533, July 7, 1994, Paragraph III, Article 18), the municipality should provide all information (not necessarily environmental information) related to activities on its own territory . According to the Construction Law (No. I-1240, March 19, 1996, Paragraph IX, Article 28), municipalities should also inform the society about the construction of structures foreseen in any comprehensive plan. Other laws also proclaim specific conditions for obtaining information - including environmental information in the specific fields of each law.

There are no regulations in Lithuania as to the obligations of private organizations performing public services to provide information.

Legislation also does not regulate the issue of the direct flow of information from businesses. In practice, it depends on the good will of the owner of the private company and on the content of the information. While some companies, for example, may not provide or may charge heavily for certain types of information, other simple and harmless environmental information could be made available easily or for free. Usually charges are based on the collection and analysis of the information (while copying costs are not significant). Occasionally, however, companies take the opportunity to profit from the demand for the information they possess and charge for it in a baseless manner.

The timeframe in which agencies are obliged to provide the information to citizens is to be covered in the Law on Investigation of Proposals, Applications and Petitions, which currently remains under preparation. For the present, governmental and municipal institutions should respond to requests for information through the Government Decision "Concerning the order of examination of residential appeals, complaints and proposals in governmental institutions" (Government Decision No. 774, October 16, 1992). In the Public Information Law there are no provisions regarding the timeframe in which an agency has to provide the general information and/or environmental information for the public.

According to the Government Decision "Concerning the order of examination of residential appeals, complaints and proposals in governmental institutions," (Point No. 10) the time limits for providing information, responding to requests or issuing refusals are as follows:

• 15 days, if the answer does not need any extra investigation;
• 30 days if the answer needs extra investigation;
• The time limit should not exceed one month.

The Law on Public Information sets the responsibilities of public authorities concerning refusals to provide information to mass-media or other related organizations. (The Law provides a definition for Organizers of Public Information, which includes the mass media or any other subject which has a license to collect and prepare information for the public). According to the Public Information Law, a refusal from any public authority to provide information to an Organizer of Public Information should be issued within one day and supplemented with a reasonable explanation. (Paragraph II, Article 6).

According to the Constitution of Lithuania (Paragraph II, Article 25), the Environmental Protection Law (Paragraph II, Article 7) and the Public Information Law (Paragraph II, Articles 3 and 6), information (not necessarily environmental information) is accessible to all permanent residents of the country, as well as NGO's and other institutions, unless it is a state, business or other type of secret or is forbidden by any other laws, ordinances, rules or regulations.

Following the structure of Lithuanian legislation, the right to specify the form in which information has to be provided should be contained in the Law on Investigation of Proposals, Applications and Petitions; this law is presently under preparation. Therefore, at the moment, the public does not have the right to specify the form in which information should be provided. However, the Government Decision "Con-cerning the order of examination of residential appeals, complaints and proposals in the governmental institutions" provides an obligation in which public authorities must, depending on the requirements of the applicant, respond to citizens' applications in oral or written form (Point No. 8.2).

Refusal to Provide Information

According to the Public Information Law (Paragraph II, Article 6), the provision of information can be limited by legal acts if the information pertains to:

• State secrets. The provision of such information is limited by the Law on State Secrets and Protection of State Secrets - which also includes the list of state secrets (No. I-1074, October 25, 1995, Article 6). The Law also provides a definition of the levels of secrecy: "utterly secret" is applied to information, the disclosure of which could cause serious consequences to state interests. "Secret" is applied to information, the disclosure of which could cause harm to state interests (Article 3).

• Official secrets. Information regulated by the law regarding the activities of institutions of inquest, national security, internal affairs and military service. (The Prosecution Law No. I-599, October 13, 1994, The Law of State Protection Service No. I-1548, September 25, 1996).

• Commercial secrets. Secrets regulated by the law regarding the activities of business entities (The Enterprises Law No. I-196, May 8, 1990).

• Secrets of personal health. Information regarding personal health regulated by the Health Protection Law. (The Health Protection Law No. I-552, July 19, 1994).

• Secrets of privacy - Information regulated by the law regarding the privacy of personal life.

The provision of information is limited only by the list of state secrets detailed in the Law of State Secrets and Protection of State Secrets (Article 6):

State secrets consist of any information:

• about the reserves of state recourses (distribution, amount, technical data, terms of concentration, standards, etc.);
• on state emergency programs or emergency activities of state institutions;
• on technologies of production and the usage of security elements of state documents, securities, banknotes or coins;
• concerning falsification technologies for state documents, securities, banknotes or coins and the search and origination of new security technologies;
• on new scientific and technological achievements or proceedings used in the modernization of armaments and military equipment;
• on negotiations with foreign countries and international organizations (special instructions, recommendations, guidelines and instructions for heads of diplomatic missions or heads and members of negotiation groups) and drafts of treaties which can have negative influence on interrelation and state interests until the moment of signing;
• plans on fighting against terrorism and sabotage to ensure security in the transport and aviation sectors and the ports of Klaipeda and Sventoji;
• information on the transportation of special cargoes and nuclear fuel (security, dates, times, routes);
• information on the comprehensive security plan for Ignalina's Nuclear Power Plant and on technical security systems and defense plans of the plant; including sensitive areas detailed in special lists issued by the plant administration;
• information and data on systems and electrical supplies which ensure special and governmental communications;
• information and documentation on cipher activities and technology;
• Information on radio wave modulation used in state protection and defense affairs;
• information on plans of state defenses and border protection;
• information on army mobilization;
• information on government plans for military mobilization;
• information on technologies and special programs for the production of weapons, munitions, explosives and other special military equipment;
• information on the provision of weapons, munitions, explosives and special military equipment for the army, internal affairs institutions, the Lithuanian bank and Lithuanian weapons fund;
• detailed information on budget and maintenance expenses of institutions of internal affairs and expenses on the purchase of weapons, munitions, explosives and special military equipment;
• data on the registry, composition, quality and quantity of weapons belonging to the Ministry of Defense, the Ministry of Internal Affairs, the Department of State Security, the prosecuting magistracy, Lithuanian Bank, or the Lithuanian weapon fund;
• information on secret structures, staff, personal and quantitative composition of institutions of internal affairs; including information on personalities secretly cooperating with said institutions;
• information on social security register and tax data of officers from secret institutions of internal affairs for which state insurance are applied;
• information on the activities of internal affairs institutions related to reconnaissance and counter-espionage;
• secret information on the identities of witnesses and victims; if proclaiming such information can endanger the life or health of these individuals;
• information about executioners;
• information about place and date of execution, prior to the event;
• topographic maps of the Lithuanian Republic (Scale 1 : 50 000 or less) which contain characteristics of state significance as well as other cartographic matter which contains information provided by this list.
• topographic maps (Scale 1:10 000 or less) of the 5 km zone along the Lithuanian Republic's borders with other states.

The public interest test is not foreseeable according to Lithuanian legislation. The Constitution of the Republic of Lithuania says that the state is responsible for the health of citizens of Lithuania (Article No. 53) and for nature, natural resources, wild nature and management of the protection of these valuable treasures of the Republic of Lithuania (Article No. 54). These two constitutional provisions concerning the health and environment can override other interests (for example military) in case of conflicts of interest but it's not foreseen in separate laws or regulations.

Informal Guidelines for Agencies and the Public

With the possible exception of the Government Decision "Concerning the order of examination of residential appeals, complaints and proposals in the governmental institutions," no general guidelines exist for public authorities on how to provide information. This decision only briefly provides the order in which public authorities should examine appeals, complaints and proposals.

Except for the same Governmental Decision "Concerning the order of examination of residential appeals, complaints and proposals in the governmental institutions," there are also no general guidelines for the public on how to request information from authorities. The decision briefly provides rules for filing appeals, complaints and proposals for public authorities (Appeals should be signed and full name and address should be provided. They should be submitted to that institution which has the right to solve the specified questions.).

Specific Institutions/Officials to Provide Information

There are several governmental/municipal institutions responsible for the provision of information to the public. The President, the Parliament and the Government have divisions (or representatives) responsible for providing such information to the public. The Parliament also has a database on the Internet detailing all adopted laws. The Ministry of Environmental Protection has a public relations division offering an Internet database of adopted laws, ordinances, rules and regulations. Several municipalities also have public information centers.

If an Authority Does Not Possess the Information

The Government Decision "Concerning the order of examination of residential appeals, complaints and proposals in the governmental institutions" stipulates that, in cases where the authority or official does not possess the information requested, that public authority has an obligation to forward the request, within five days, to the appropriate institution responsible and to inform the applicant of it. Otherwise, the applicant must be advised as to whom he/she should apply to if the application/request is delivered during a personal meeting (the Government's Decision No. 774, Point 7). Despite this obligation, public officials often do not forward the requests. Usually the applicant has to visit the agency several times until he gets positive results. The chances of being advised as to whom they should address their question during a personal interview are somewhat better. Whenever possible, public authorities in Lithuania generally avoid providing the public and NGOs with requested information.

Information Held in Public Registers/Costs of Obtaining Information

According to the Public Information Law (No. I-1418, 1996 07 02, Paragraph III, Article 12), all official information was financed from the state budget, is available free of charge. State and municipal authorities may only charge for the copying of documents or other necessary services. Although such charges could slightly restrict access to information for some social groups of citizens, they can not be considered an obstacle to general access to information.

All official information including that held in public registers which is created by financing from the state budget is free of charge (The Public Information Law Paragraph III, Article 12).

Unfortunately, there are not adequate facilities for obtaining copies of information on the payment of costs for reproduction and dissemination.

Active Provision of Information

The Environmental Protection Ministry is obliged to create, and update regularly, a database on the state of the environment and the usage of natural resources (The Environmental Protection Law No. I-2223, Paragraph I, Article 5). The Environmental Protection Ministry is also obliged to inform society about the state and quality of environment (The Statute of Environmental Protection Ministry, Government's decision No. 842, August 9, 1994, Point 6.16). Accordingly, the Ministry issues related quadrennial and annual reports.

There is no information available, however, on the possibilities for the public to submit information to international bodies concerning non-compliance with international rules; the provision of such information is not required by any legislative act.

Pursuant to the various laws, different public authorities are obliged to actively disseminate information concerning their activities. The Public Information Law obliges all state and municipal institutions to provide information (not necessarily environmental information) concerning their activities to all permanent residents of the country (Paragraph III, Article 12). The Environmental Protection Law obliges the Environmental Protection Ministry to inform the public about the state of the environment's quality (Paragraph II, Article 8). The Law of the Local Authorities obliges municipalities to disseminate the information (not necessarily environmental information) concerning their activities within the territory of that municipality (Paragraph III, Article 18). The Construction Law obliges municipalities to inform the society about the planned construction of all objects included into their comprehensive plan. (Paragraph IX, Article 28). Other different laws also have specific obligations for the dissemination of information (and/or environmental information) concerning the issues covered by the concrete law.

The Environmental Protection Law obliges the Ministry of Environmental Protection to disseminate information about the state of environment (Paragraph I, Article 6). In addition, the Environmental Protection Law obliges the Ministry of Environmental Protection to proclaim a zone of environmental danger if the standards of environmental quality heavily exceed accepted levels. The Ministry is also obliged to present to the Government the proclamation of the zone of ecological disaster, if the environment in that zone is not suitable for human life (Paragraph IV, Article 24). After proclaiming a zone of ecological disaster, the Prime Minister must form a Center of Emergency Situations which is obliged to create an information group and actively disseminate all necessary information concerning the ecological disaster. (Statute of the Center of Emergency Situations Government's Decision No. 340, April 11, 1997, Article 10).

Methods of Dissemination

The Ministry of Environmental Protection periodically spreads information to national NGO's (which are on its mailing list) by mail or other means. The Ministry also has a Division for Contacts with Public and Education responsible for sharing information prepared by the Ministry. This division is also responsible for preparing information in response to specific requests. If the ministry does not possess the required information its officers are not responsible for acquiring it from other agencies. However, it is possible to receive advice from them on the possible sources of the information. From time to time officials of the Ministry announce environmental information or proclaim statements through mass media.

In addition, legal information is available on the Internet. The Ministry of Environmental Protection has its own home page which includes all adopted environmental laws, governmental decisions related to the environment, ministry regulations and other information related to activities. The adopted legislative acts, all governmental decisions, rules and regulations are also available from the parliamentary database. This legal information is also periodically issued in the special edition, "Governmental News" (two to three times per week).

Within the Divisions of Environmental Protection there is at least one officer responsible for environmental issues in the municipalities. In large towns such divisions have a designated person responsible for maintaining contacts with the public. In smaller municipalities there is a special officer responsible for that as well. Larger municipalities sometimes publish special issues concerning the state of the environment on the territory of a certain municipality. They also publish information in local newspapers and prepare advertising boards. Similarly, smaller municipalities use the mass media for the presentation of such information. A direct written request or personal interview however, still remains the most efficient and common manner of obtaining information.

All these mentioned methods are applicable to general information relating to the state of the environment, legal documents, data or issues prepared by financial means of state or municipal budgets. Despite the legal obligation of public authorities to provide/disseminate environmental information, some data, reports or issues funded from the state/municipal budget is not accessible to the general public and NGOs. For example, specific information about agreements/reports on the safety of nuclear power plants or details concerning new projects which could have a negative influence on sensitive environmental or cultural heritage (construction of bridge across the lagoon to Kuronian Spit), is not disseminated or publicly available. Some public authorities, especially customs, legal and fiscal, do not provide required information to the general public or NGOs at all. Although it is, of course, still possible to go all the way to the highest authority or to the court, in practice there is no way, even by claiming existing legal rights, to demand and obtain required information from these institutions.

Electronic Means of Dissemination

Legislation does not set any obligations for making information accessible electronically. Many state and public institutions do, however, have home pages or databases on the Internet. The parliament has a database of legal acts available on Internet, the Ministry of Environmental Protection has an Internet home page covering the present activities of the ministry, environmental legal acts, information concerning the state of the environment and other general information.

Nongovernmental Information Centers

With regard to nongovernmental information providers, an NGO Support and Information Center exists in Vilnius. Several other environmental NGOs (The local REC office, Lithuanian Green Movement, Ecological Club "Zvejone", Community "Atgaja", etc.) operate not only as information centers, but also provide the public with information or advise on specific issues.

Mechanisms to Ensure Information Flow from the Private Sector

The system of environmental permits and statistical reports is connected with environmental charges. The Law of Pollution Charges (No. I-1188, April 2, 1991) and the Law of Charges for Usage of Natural Resources (No. I-1163, March 21, 1991) regulate payments for the usage of natural resources and emissions of pollutants into the environment by accounting based on permission and statistical reports.

Public Participation

Legislation on Public Participation

Public Control of Decisionmaking (Direct Democracy)

The Law on Referendum does not specify a right to referendum on environmental or related issues. The Law on Referendum (No. XI-3335, November 3, 1989, Paragraph I, Article 1) says that the main issues of State and National life, as well as the principles of the Laws of the Lithuanian Republic, can be decided by referendum. This is quite a wide interpretation and, theoretically, (if suggested environmental issues are a main question of state or national life) referendum on environmental issues could be possible.

Legislation of the Republic of Lithuania does not provide for the possibility of referendum on a local level.

The initiating right to call a referendum belongs to parliament and to the citizens of Lithuania. A referendum can be called at the demand of 1/3 of the members of Parliament or of 300,000 citizens. (Constitution of Republic of Lithuania, Paragraph I, Article 9; and the Law on Referendum, Paragraph II, Article 8).

Environmental issues which could be interpreted as the main issues of State or National life could theoretically be subject to referendum (The Law of Referendum, Paragraph I, Article 1). Legislation does not specify which concrete issues are possible subjects for referendum. In addition, there has been no practice of referendum on environmental issues in the country.

Since 1991, there have been three referenda in Lithuania. None of them considered any issues relating to the environment.

The decisions of referenda are binding. The principles of the laws or other decisions adopted by a referendum should be in accordance with the provisions of legal acts. The principles of laws or other decisions adopted by referendum come into force on the second day after any proclamation. (The Law on Referendum, Paragraph VI, Article 33).

The authorities have to call a referendum on the demand of 300.000 citizens. There are not necessarily any special matters on which referendum must be called. Except for the demand of 1/3 of parliament or of the minimum number of citizens mentioned, there has never been any practice of such call.

Right to Initiative

The Constitution of the Republic of Lithuania, (Paragraph V, Article 68) provides citizens of Lithuania with the right of direct initiative in the legislative procedure. There are also additional possibilities to initiate a law trough the members of Parliament.

• International decisionmaking. Committees of Parliament and the Ministries - together with the Ministry of Foreign Affairs - have the right of direct legislative initiative for international treaties (The Law on International Agreements No. I-1344, May 21, 1991, Paragraph II, Article 3). Society or NGOs cannot initiate international agreements, bilateral or multilateral treaties, and conventions.

• National law-making. Member of Parliament, President of the Republic and the government have the right of direct legislative initiative. The constitution also provide such right to the public establishing that the draft law proposed by 50.000 citizens of Lithuania has to be discussed by the Parliament (Constitution of Republic of Lithuania, Paragraph V, Article 68).

• Local rules and regulations. The Law of Local Authorities does not provide any citizens/NGOs with the right to directly initiate local rules or regulations. However, the Law of Local Authorities (Paragraph I, Article 2) says that self-rule making in Lithuania has to be implemented through the principles of direct participation of inhabitants in the elections of the Council, interrogations of inhabitants, gatherings of inhabitant and petitions. The statutes of separate municipalities foresee the order of debate on the drafts. For example, according the Statute of Kaunas City Council (No. 8, April 24, 1997, Paragraph V, Article 1), the Mayor and Vice-mayor, the board, committees of the council, political factions and members of the council have the right of direct rule-making initiative.

• National policymaking. The Government is responsible for making national policy. Separate ministries are then obliged to initiate, create and implement delegated national policies and strategies. For example, the Environmental Protection Ministry is responsible for the implementation of the strategy on the environment and usage of natural resources (Environmental Protection Law, Paragraph I, Article 6). Individuals and NGOs cannot directly initiate any national policies.

• Environmental Impact Assessment (EIA). As set in the Environmental Impact Assessment Law (Paragraph I, Article 2), EIA procedure is a tool for estimating the influence of planned economic activity to the environment and it does not contain any provision for initiation of laws or rule making. According to the Environmental Protection Law (Paragraph II, Article 7), NGOs have a right to demand that the Environmental Protection Ministry fulfill environmental impact assessments for any planned economic activity.

• The procedures for siting, permitting and managing environmental funds do not contain any provision for the initiation of law or rules making.

On the national law making level, the procedures for presenting a draft legislative act are identical for all the subjects of the right to direct legislative initiative - they are, in fact, rather complicated. The draft of the law, and any additional documents, should be submitted to the Secretariat of Parliament Sessions (The Statute of the Parliament No. I-399, February 17, 1994, part No. V, Paragraph 19, Article 141). Additional documents include: a) explanatory document stating the aim of the law, presenting existing legal provisions in the area concerned (including possible risk assessment), analysis of the incorporation of the discussed law into the existing legal framework, the necessity of its ordinances, rules and regulations, evaluations and conclusions by specialists with regard to the draft, and information about the authors; b) conclusions of criminal expertise, showing how the proposed law will influence the overall criminal situation; c) the draft of law or decision concerning implementation of the proposed law (The Statute of the Parliament, part No. V, Paragraph 19, Article 140).

Initiation of law or rule making on other levels/decision types is the responsibility of governmental institutions and there are no procedures/limitations applying to individuals or NGO's.

The Public's right to directly initiate law/rule making on different levels/decision types is restricted or no procedures exist - including no legal provisions on environmental issues which can be subject to initiative. The Law of Lithuania on Referendum, (Article 1, Paragraph 1) declares that any major issue of state and national life can be a subject to a referendum. Therefore, any environmental issue of relevant importance may be a subject that can be put to referendum. However, no practice of deciding environmental issues by the means of referendum has taken place in Lithuania so far.

So far, there has been no practice of the exercise of direct legislative initiative by the public in all levels or decision types. The main reason for this is probably the difficulties involved in submitting a draft in the name of 50,000 citizens and the collection of all necessary signatures for this purpose. It is considered to be much easier to initiate a draft through a member of Parliament. However, there is no practice of such indirect initiative with regard to environmental issues as well. It is very likely that indirect initiative through members of parliament has taken place, however, as there are no regulations on lobbying, such cases are not officially registered (the law on lobbying is under preparation and is likely to be passed in 1998).

Public Shares Power to Decide

Account of Public Comments

Territorial Planning

According to the Territorial Planning Law and related regulations there are two types of provisions concerning individuals' rights to comment on the process and be heard:

1. If the territory in which they live or have property is under alterations of territorial planning and this might effect their rights or property, they have a right to make a claim concerning the prepared alterations. (Territorial Planning Law I-1120, December 12, 1995, Paragraph III, Article 27 and the Regulations on Discussing Territorial Planning Projects with the Public adapted by the Government's Decision No. 1079, August 18, 1996, Article 20) - hereafter termed Regulations on Territorial Planning.

2. If they have any other interest (independent from property or living place) in the territory under planning, they have a right to make observations, comments, recommendations and to apply to the supervisory bodies (Territorial Planning Law, Paragraph III, Article 27 and Regulations on Territorial Planning, Article 17).

The conditions for implementation of the law and its related regulations are the same at national and local levels and depend only on the size and significance of the planned objects.

For example, when the planned object is located in the territory of a municipality and does not have any influence on the national economy, notification about the project need can only be done through the local mass-media and the information resources of that municipality (Regulations on Territorial Planning, Article 9.2). If the planned object is on the list of objects for which in-depth assessment is needed, (The Government's decision No. 456) then references concerning the project have to be made through the National TV, Radio and dailies (Regulations on Territorial Planning, Article 9.1).

Environmental Impact Assessment

According to the Environmental Impact Assessment Law and its related regulations, there are two stages for discussing planned economic activities in which individuals/NGO's have the right to comment and be heard:

1. The stage of discussing the environmental impact assessment program (after defining the scope and content of the whole EIA process).

2. The stage of discussing the environmental impact assessment report (which should be prepared according the EIA program).

During the discussions of the EIA report in the second stage, the order of submitting and analyzing/presenting the proposals to the Environmental Protection Ministry is the same as in the first stage. During the 15 days after the meeting individuals/NGOs have the right to appeal procedures of the EIA to the Environmental Protection Ministry. Before the final decision, the Environmental Protection Ministry should invite all applicants to be interviewed. (Government Decision No. 1305, points No. 11, 12, 13, 14)

According to the Environmental Impact Assessment Law and related regulations, all legal and natural persons and all governmental and nongovernmental organizations have the right to apply to comment on planned economic activity and to submit proposals in this regard. (Government Decision No. 1305, Point 7).

In Lithuanian legislation there are no privileged groups which have specific rights.

It is possible to participate in the environmental decision making process only during the territorial planning and environmental impact assessment because these elements are the only ones that have clear procedures for participation. These procedures are comparatively new though (Territorial Planning Law, Environmental Impact Assessment Law, and regulations adapted even later) and have only been used a few times. In practice, people are not often using their rights in all levels/decision types. In principle, this has much to do with the fact that a major part of Lithuanian society is politically indifferent. Practice shows that during project/design discussions people are generally passive and indifferent. Negative reaction and destructive protest often occurs, however, at the beginning of project's implementation — after the decisions have been made. The full procedure of environmental impact assessment on a national level has only been used once.

There are no requirements on international, national and local levels to formally take account of public input in the decisionmaking process. This only exists in the EIA and Territorial Planning processes. According to the Environmental Impact Assessment Law, Individuals/NGO's have the right to appeal procedures on the EIA to the Ministry of the Environment within 15 days (Point 13). According to the Territorial Planning Law and related ordinances, individuals and NGOs can submit claims and comments concerning the planned activity to its organizers. If organizers do not take these comments into account, applicants can complain to an institution of supervision. If the supervisory institution/official's decision does not satisfy the applicants the latter can apply to the court (Paragraph III, Article 28).

The clear procedures for public participation in environmental decisionmaking is only for the territorial planning and environmental impact assessment processes. As this is not often used in practice, it is difficult to determine the effectiveness of such participation. In practice, Lithuania has had only one serious case of environmental impact assessment which involved the discussions of the newly planned portion of the Via-Baltica motorway. During both stages of the public hearings many NGO's participated and many proposals/comments were forwarded. Feedback from the project organizer did not follow however, and it is absolutely unclear how effective it really was. There were no facts acquired about serious conflicts between the project organizers and the public. Usually conflicts occur at the beginning of the construction of the planned object and are on an ordinary individual level — i.e. someone protesting against the reconstruction of a neighboring house because it would throw a shadow on his kitchen or garden.

Procedures for the territorial planning process are set in the Territorial Planning Law (Article 16) and its relevant regulations. Accordingly, project organizers have to set no less than two months to comment on territorial planning projects at a national level and not less than one month to comment on detailed planning projects. Depending on the situation, project organizers can prolong these terms as long as they do not limit the right to comment and be heard.

There can be charges for obtaining copies of documents related to territorial planning. In the Territorial Planning Law there are set charges for document copies. Depending on the subordination of the project organizer, there are two types of charges. If the organizer belongs to a governmental, municipal or other public institution, the caller has to pay a stamp duty for copies of documents. If the organizer is a private body, the caller should pay a charge established by the organizer (Paragraph III, Article 25).

Adequate Notification of the Public

The same applies on the local level. Groups informally collaborating with municipal public relations departments are often periodically informed.

An example from practice is the draft of the Law on Support and Charity which is now under discussion in Lithuania. Accordingly, the NGO Information and Support Center is very active in this discussion. They have held a few workshops for NGOs concerned with this issue and have had a big influence on the law's official preparation group. Finally, the NGO's opinion has been taken seriously into account and has been reflected in the draft. From time to time, the Law preparation group now makes consultations with the NGO Information and Support Center. The Center also informs other NGOs on the preparation process of the law.

In national legislation a procedure is set for proclaiming passed laws and other legal acts. However, it does not cover notification on the decisionmaking process. Usually, on the state level, only passed versions of the decisions reach the public. In some cases, it is possible to follow up on the decisionmaking process through personal contacts. Sometimes more topical drafts appear in the mass media asking for comment. This is not regulated though, and depends on the wishes of the drafting committee (or in some case from the interest of mass media). Announcements and information about decisions of political, environmental and social events are made in the mass media daily. Accordingly, the notification of individuals/NGOs about the decisionmaking process is not set in legislation; it is possible due to initiative, though.

The situation is similar on the municipal level. Adopted decisions should be proclaimed to the public by foresight order. Notification about the decisionmaking process is not regulated by legal acts but is possible through initiative. According to the statutes of some municipalities, the protocols of municipal council meetings are publicly available.

While there are no privileged groups in Lithuania, active groups in some cases can informally be treated better versus those who are not as active (example from point No.1). Such groups or individuals show an interest in the decisionmaking process and somehow participate in political, environmental or social life within the country/municipality. At local levels, all inhabitants have access to the protocols of meetings of municipal councils.

Passed laws, government decisions and other national rules and regulations have to be proclaimed in the periodical issue, "Governmental News" after they come into force. The second program of the national radio broadcasts the sessions of parliament. Personally requested information can be provided in oral, written, computer disk, audio or video form.

According to their statutes, decisions of the Municipal Council can be proclaimed in local daily newspapers, announcement boards or special issues. Sessions of the council also can be broadcast on local radio programs. Protocols of meetings of municipal councils are available in hard copy.

Decisionmaking is Transparent

Mechanisms to Influence Decisionmaking - Lobby Mechanisms

Capacity Building

The Institute of Qualification for State Officers organizes training on public participation for state/municipal officers. Unfortunately institutions do not allocate their employees to these training sessions.

There is no governmental funding specifically focused on public participation projects and training. There is also no mechanism to provide expert advice for the public or NGOs.

The Institute of Qualification of State Officers advises the state institutions about possible training on different issues - including public participation. The mission of the institute is to choose educational institutions which are able to train the governmental officials on public participation and other issues. All training organized in such a manner is supported by the government.

Access to Justice

General Rights and Sources of Law

The constitution does not provide a right to file an appeal inside agencies/governmental bodies concerning denials of access to environmental information.

There are no special provisions in the constitution concerning the right to legal standing in cases of failure to allow public participation. According to the constitution, citizens have a right to legal standing if their liberty or constitutional rights are transgressed (Paragraph II, Article 30). Constitutional rights are very general and do not exclude any environmental or other related issues.

The Constitution does not provide a right to file an appeal inside agencies/governmental bodies concerning failure to allow public participation.

The Constitution of Lithuania sets the citizens' right to legal standing if their liberty or constitutional rights are transgressed (Paragraph II, Article 30). The Constitution does not exclude any other citizens' rights to legal standing or to file an appeal inside the agencies/governmental bodies concerning environmental issues.

There is no practice of the mentioned constitutional provisions being used in court cases.

Administrative Standing

With the exception of the provisions of the Public Information Law, nothing is said in national legislation about the timeframe in which an applicant can wait to obtain a final decision concerning the provision of information. According to the latter, the refusal to provide information for the Organizer of Public Information from state/municipal agencies has to be issued within one day with a reasonable explanation. (Paragraph II, Article 6). If the applicant is not satisfied with the answer/reason of refusal, he/she can appeal to the above standing body of the agency according to the order set in the internal regulations of the agency. If applicant is not satisfied with the answer of the top management of the agency, he/she can appeal to the court (Lithuanian Civil Process Code, July 7, 1964, Paragraph II, Article No. 2692, 2693).

The legal package on territorial planning provides the order of decisionmaking for various kinds of planning at different levels.

1. Individuals or NGOs cannot directly appeal decisions of Parliament concerning territorial planning. Government, 1/5 of parliament's members and the courts have the right to appeal the decisions of parliament to the constitutional court. (Constitution of Republic of Lithuania, Paragraph VIII, Article 106).

2. Individuals or NGOs cannot directly appeal the decisions of the Government concerning territorial planning. Courts have the right to appeal the decisions of the Government to the Constitutional Court. (Constitution of the Republic of Lithuania, Paragraph VIII, Article 106).

3. Individuals and NGOs can appeal decisions of city council concerning the territorial planning to the court (Law of Local Authorities, Paragraph VI, Article 28). The time frame for appealing is not foreseen in the law.

Similar provisions are set in the Law of Environmental Impact Assessment, but the ordinances, rules and regulations for the application of the law are not ready yet.

Standing in Actions Against Government Agencies

If officers of the public authorities fail to enforce the law, affected individuals or NGOs can complain against the illegal activities or omissions of the officer to the above standing body or the leader of a responsible institution. If these public officials also fail to enforce the law, affected individuals or NGOs can appeal to the court (The Law of State Officers No. I-836, April 4, 1995, Paragraph IV, Article 27). Administrative punishments for the public officials who fail to enforce the law can also be foreseen (Paragraph II, Article 19).

Individuals can appeal to the court if their liberties or rights were breached by the activities or omissions of state institutions or officers (Lithuanian Civil Process Code, Paragraph II, Article 2691).

If activities or omissions of the officers of the public authorities breach the rights of citizens/NGOs, affected individuals or NGOs can complain about these wrongdoings to the above standing body or to the leader of the responsible institution. If the decision received from the above standing bodies does not satisfy the applicant, it can then be appealed to the court (The Law on State Officers, Paragraph IV, Article 27). Administrative punishments against the public officials in the wrong can also be foreseen (Paragraph II, Article 19).

Individuals can appeal to the court if their liberty or rights were breached by the activities or inactivates of state institutions or officers (Lithuanian Civil Process Code, Paragraph II, Article 2691).

If activities or inactivates of officers of public authorities breaches the rights of citizens/NGOs, affected individuals or NGOs can complain these to the above standing body or to the leader of the responsible institution. If the decision received from the above standing bodies not correspond with the applicant's wishes, it can be appealed to the court (The Law of State Officers, Paragraph IV, Article 27). Administrative punishments for the public officials in question can also be foreseen (The Law of State Officers, Paragraph II, Article 19).

Individuals can appeal to the court if their liberty or rights were breached by the activities or inactivates of state institutions or officers (Lithuanian Civil Process Code, Paragraph II, Article 2691).

Standing in Actions Against Polluters

Remedies and Enforcement

Injunctive Relief

According to the Lithuanian Civil Process Code (Paragraph II, Article 156), if persons participating in a case ask to do so, the court can undertake the following provisional measures:

• the arrest of the property and money belonging to the defendant and are in his/her possession or in the possession of other persons;
• prohibition for the defendant to take certain actions;
• prohibition for other persons to give property to the defendant or to implement other obligations in relation to the defendant;
• suspension of the sale of the property disputed in case of suing against its arrest;
• suspension of exaction under the executive document, which is sued against by the debtor.

The court can impose several types of provisional measures. However, their joint cost shall not be more than the cost of the case.

When the court imposes a provisional measure, it has the right to ask the plaintiff for bond requirements. The defendant, after the court's decision comes into force, has the right to ask the plaintiff to recover damages caused by the provisional measures required by the plaintiff. According to Lithuanian legislation, there are no possibilities to obtain injunctive relief in court cases against economic entities.

Enforcement of Judgments

From the practice in Lithuania, the conclusion can be made that there is no effective mechanism for the enforcement of court decisions.

Court Expenses/Litigation Expenses

As there has not been enough practice in Lithuanian court cases relating to access to information and public participation (appeal of denial of public information, challenge to governmental development projects, challenge to governmental law making or decision making, challenge to EIA/ecological expertise decision, action against polluters at court), it is not possible to estimate court expenses.

No cases related to environmental protection or public participation issues have been heard in Lithuania. In the list of court fees provided by the Civil Process Code, the fees for the above mentioned cases are not considered as a special category. The honoraria for attorneys depends on a separate agreement between advocate and client and is usually considered to be a commercial secret. Theoretically, it can vary from several hundred to several thousand Litas. Expert costs depend on the kind, scope, content and expertise and can also vary from several hundred to several thousand Litas (USD 1=LTL 3.57). The recent minimum monthly salary in Lithuania is 400 Litas.

Legal Assistance

Ombudsman