With regard to access to information, there is a need to improve legal regulations in order to bring them into compliance with the requirements of Directive 90/313/EEC, especially in relation with the persons eligible to request information, negative silence, and the sole possibility of appealing through court action; as well as in terms of the price of information. Taking into account the recommendations of the Sofia Guidelines, it would be necessary to reduce the two month time limit established in our legislation and to include the public interest test when interpreting the list of exceptions. It would also be necessary to develop regulations at the level of the autonomous regions with broad environmental competencies, whose obligations are not always established by the existing national legislation applicable on access to environmental information. From a practical point of view, access to information would be fundamentally improved by the greater definition of exceptions, the adoption of practical arrangements to permit effective organization of the requesting and provision of information to petitioners, and the putting into practice of programs aimed at informing both citizens about their right to request environmental information and civil servants about their obligation to respond to such requests. Finally, there is a need for investments with regard to the compilation and computerized treatment of environmental information, in such a way that adequate information is available for environmental policymaking decisions with the due participation and knowledge of the public.
In terms of public participation, one of the aspects which requires the greatest attention is that of the provision of information about the different decisionmaking procedures in which public participation may take place. There are a large number and wide variety of such procedures, and the public should receive adequate information in this respect. Participation in consultative bodies is also quite a recent phenomenon in Spain. The Environmental Advisory Committee, for instance, was created in 1994. This participatory body at national level has been a testing ground for modulating and exercising participation in environmental issues. Most of the environmental NGOs decided to leave the committee when it failed to live up to the expectations which had been created. Though it can be seen as a test, it has not fared well, and many policy lessons may be learnt in this respect on both sides, both by the administration and by NGOs. What does seem clear is the need for adequate budgetary provisions for supporting NGO participation on an equal footing, and adequate institutional political support to ensure that bodies of this type do not end up as empty shells.
Another aspect to be mentioned is the fact that though there is a legal obligation to take into account the claims presented during public information procedures, this obligation is formulated in such a way that in practice it does not occur. Non-fictitious participation demands that public participation be really reflected in final decisionmaking.
The need should also be stressed for public participation to take place at a stage where it is still possible to propose alternatives, and where there is certain room for the proposal of feasible alternatives to bring about changes in the decisionmaking.
With regard to access to justice, it must be said that in our country the impediments to access are not in general due to legal regulations. The legal standing of NGOs before the courts is recognized, and furthermore in many procedures the figure of popular action is recognized as a formula for promoting access to justice. The real impediments come in the form of the costs which such action supposes and the slowness of legal procedures. Access to justice is free of charge in our country, but the professional fees of lawyers, attorneys, experts and other professional technical support necessary to bring a case before a court are such that on numerous occasions NGOs and individuals cannot afford them. In addition to this, the bonds imposed to prevent damage being caused to the company or administration supposedly guilty of an infraction can be astronomical sums which really impede the effective exercising of access to legal protection.
Thus, several aspects are improvable, particularly through the application of capacity building measures which would help to bring about a cultural change favorable to the adoption of public participation systems as a way of improving the application of environmental measures and policies.
REFERENCES
Sanchis, F. 1996. Study on the practical implementation of Law 38/1995 on the access to environmental information. In. Access to Environmental Information: practice and potential: 32-35. Aedenat-Stichting Natuur en Milieu. Utrech. The Netherlands.
Herranz, D., Quinones,L. & Sanchis, F. 1996. Freedom of Access to Environmental Information Update of the Users Guide. Stichting Natuur en Milieu. Utrecht.
Alvarez, C.; & others. 1997. Manual of European Environmental Policy: EU and Spain. MAFRE, S.A. Madrid.
Sanchis, F. 1996. Access to Environmental Information in Spain. En R.E.Hallow ( ED.) Access to Environmental Information in Europe. The implementation and Implications of Directive 90/313/EEC. Kluwer Law International. The Hague.
Martinez, C.& Comision Juridica CODA.1996. Los delitos ecologicos. Guia practica.AEDENAT.
Legislacion de la Justicia Administrativa. 1997 Civitas Biblioteca de Legislacion. Editorial Civitas. S.A.
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