Along with the evolution of Ecoglasnost there has been a related evolution of the whole of Bulgarian society. Whereas the populace had developed a high awareness about the environment prior to the initial phase of transition, since those early days issues of privatization, restitution, commercialization, trade, basic freedoms and government institutions have been discussed in turn. Although environmental awareness remains high, these other issues get a great deal of attention as well. Bulgaria continues, nevertheless, to work on revising and adopting environmental legislation at a steady pace and continues to enjoy one of the highest levels of environmental awareness and concern of any country in the region.
The major constraint identified by persons interested in public participation in Bulgaria is the lack of a definite procedure to obtain information pursuant to the constitution and the environmental law. A second key issue is the lack of responsibility on the side of authorities, due in part to the fact that currently as much as 90% of the regulated community is state-owned. Thus the economic and regulating interests are in conflict. Other problems identified include the lack of expertise and resources to identify technical environmental problems and the low level of initiative of citizens to participate.
b. Right of Expression
Article 39 guarantees this right, and Article 40 guarantees freedom of the press and the media.
c. Right to Information
State secrets are those which appear on a list published in 1990 (D.V. 31/1990). The phrase, "[secrets that] affect the rights of others," is ill-defined; Bulgarian legal experts contend that the law currently contains no guidance as to the meaning of this phrase.
d. Right of Free Assembly
Article 43 guarantees the right to peaceful and unarmed assembly for meetings and "manifestations."
e. Right of Association
This paragraph could be read to justify state control over citizen associations. No such rules have been established up to the end of 1993.
f. Right to Petition
Article 45 gives to citizens the right to lodge complaints, proposals and petitions with the state authorities.
g. Government's Relationship to the Citizens
The Law on Constitutional Court, No. 67, 16 Aug 91 pp 1-3 Durzhaven Vestnik, contemplates the notification of interested parties in a specific case (Art. 18 (2)), although these interested parties clearly do not have a right to participate in the case (Art. 21 (1)). The Court has discretion to allow participation by interested parties.
Such interested parties are notified by the Court under Article 21 in accordance with the rules of civil procedure. However, the interested parties do not have an absolute right to participate in the case as stated in Article 27, though they may be present in person or through their representatives at proceedings which the Court resolves to be held in open session.
Article 15 of the Constitution places an obligation on the Republic of Bulgaria to ensure the protection and reproduction of the environment, the conservation of living Nature in all its variety, and the sensible utilization of the country's natural and other resources.
Bulgarian legal experts interviewed indicated that some attempts have been made to use referendum rights for environmental purposes under the Law for Polling the People, but they have not been successful due to the vagueness of the law.
One example of formalizing the practice can be seen by the establishment of the Council of Social Partnership. Consisting of representatives from government, trade unions and employers organizations, it is a body whose purpose is to facilitate negotiations concerning labor questions. An issue which has been considered is worker safety and the workplace environment.
The 1991 Law on the Management and Administration of Municipalities provides for direct public participation in matters of local importance. This participation may take the form of public meetings, referenda of proposed or issued ordinances to the electorate, or involvement through the elected representatives. Meetings of municipal councils are advertised and open to the public. The law obliges local authorities to notify the public about their decisions. Local representatives are required to inform their individual constituencies about council decisions. An earlier law, not followed, requires "adequate time-limits" for introduction of every project to the public.
Article 22 of the Local Administration Law appears to give authority to local governments to impose stricter environmental standards on facilities that are entirely within their jurisdiction. Some local governments are investigating the possibility, at the urging of the public, of using contracts as the basis of negotiating environmental controls. As part of the contract negotiation process, public hearings would be held.
By way of example, in one municipality local environmental matters are considered and the laws enforced by the Supreme Ecological Council together with the Mayor. A sub-department on the "ecological program" prepares plans and programs for the ecological development of the municipality, which is established through discussions within the councils that are advertised and open to the public.
On the local level, some municipalities are revising their local laws and ordinances to reflect changes in the national law. For example, one municipality is drafting new ordinances to "reflect the democratic changes" and to reflect the requirements of the Environmental Protection Law. The new ordinances will specifically allow the public and NGOs to participate in local government proceedings, and will provide for the creation of public "green patrols."
The law further requires the government to gather and requires producers of goods and services to provide such environmental information. Apart from the more specific EIA requirement discussed below, environmental impact information about projects is also available upon request prior to issuing final operating permits. The right to disseminate such information may be limited by other provisions of law, such as those relating to trade secrets. For example, the EIA decree discussed below specifically excludes state, official or other protected secrets, including those protected by the Act on Protection of Competition, from disclosure to the public in the EIA report.
Arts. 12 (1), 13. Under the environmental impact assessment decree, discussed below, detailed information about the local environment and possible impacts must be provided in the preliminary reports for public discussion.
A claim may be brought under the Law on Administrative and Legal Services (DV 61/ 1985) under certain circumstances. However, the sanction for failure to provide the information is low (approximately $ 10 US) and there is no remedy for damages and no possibility of injunction.
Art. 17 (1) of the Administrative Code. If an interested party participates in the administrative procedure, it has the right, under Article 11 (2) to respond to the statements of other parties, to provide evidence and to ask the administrative authority to collect evidence. There is no requirement that the decision include any discussion of the contentions of any particular party; that is, the decision-maker does not need to give reasons for failing to accept certain comments. Article 21 (1) provides conventional rights of appeal from administrative decisions for interested parties.
Unfortunately the law and practice in Bulgaria give no guidance about the notion of "legal interest" when applied to associations. According to Bulgarian legal experts, however, there are no special restrictions to limit the ability of associations to intervene, for example on account of certification or registration with authorities or duration of existence. Given the broad purposes of the environmental protection regime, a vast number of persons could potentially have standing as interested parties. See, e.g., supplementary dispositions of the environmental protection law, 1 (5). Under the administrative law, moreover, it would seem that even those parties which meet the broad interest requirements but did not participate in the administrative proceeding, may appeal the final decision.
The administrative law does not provide a means for the public to intervene in the permitting process.
Under Article 23b the competent authority must adopt its decision within 3 months after the holding of the hearing. The competent body shall make conclusions based on the EIA, taking into account the views of the persons participating in the procedure. Within 14 days after adopting its decision, the decision must be published in the same manner as above. Interested parties may appeal the decision to a court under normal laws of administrative procedure within 14 days of the publication of the decision, in matters of local importance, or within 30 days of publication, in matters of national importance. An appeal from the decision of a regional environmental inspectorate shall be taken to the regional court, and an appeal from the decision of the Ministry shall be taken to the Supreme Court.
The Minister of Health may review a negative EIA finding, and may require an assessment of the state of health of affected persons as well.
A decree on EIA was issued 28 December 1992 by the Ministry of Environment, the Ministry of Building, Architecture & Public Works (the "Ministry of Building"), the Ministry of Health, and the Ministry of Agricultural Development, Land use & Restoration of Landed Property. Technically it is both a law for assessment of impacts of proposed projects and a law for audits of operating facilities which, in the opinion of the Minister of Environment and local governments have a significant effect on the environment in the course of their operation, restructuring, privatization or restitution (may result in audits every 5 years for ongoing operations).
Under Section 4 of the decree, "discussion" of a wide range of proposals with potential environmental impacts is required. The specific requirements for the discussion phase are set out in Chapter IV (Sections 8 and 9). This process must be organized by the relevant body which will make the final decision on the EIA. Public organizations and the general public have the right to take part in the discussion (Section 8 (2)). The discussion may not take place until one month after notice has been sent to interested parties and the general public via the national and local mass media. The relevant materials (plans, drawings, tables, models, etc.) must be available for examination at places determined by the local authority. It is the duty of the investor or initiator of the activity to collect and record the written opinions, comments and objections of participants. The competent authority may order additional discussion and consultations with experts if there are controversial issues. Section 8 (3). Official and trade secrets shall be protected from disclosure under Section 9. For regional and town planning schemes, this EIA process shall be a part of the procedure for discussion of the preliminary and final draft of the scheme, in accordance with the laws pertaining to regional and town planning.
Final administrative decisions under the law may be attacked in the courts. For programs, schemes, projects and activities of local significance, the appeal must be taken within 14 days and should be lodged with the local district court. Appeals from decisions concerning programs, schemes, projects and activities with national and international significance must be taken within 30 days to the Supreme Court. Section 10 (8).
The public participation provisions of the EIA decree apply even to projects for which design work began prior to its coming into effect. Those projects are generally covered by Decree No. 1 of 1991 concerning the ecological requirements for regional planning and investment projects of the Ministry of Building and the Ministry of the Environment (D'rzhaven Vestnik No. 24, 1991), but an express exception is made for the public participation procedure, which is to follow the new decree even for such projects. See Transitional and Final Provisions, ¤ 3.
The public participation process in a given case may be cut off, however, by a decision of the Ministry or Regional Environmental Inspectorate that it is "clear" that there are no significant environmental impacts. Only normal administrative challenges (that is, to the next higher administrative authority) apply to this decision.
Issuance of permits depends upon the type of project or facility. Construction projects are generally covered by the Law on Territorial and Administrative Planning. The Council of Ministers has established a committee to approve large projects. A smaller committee within the Ministry of Building approves smaller projects. A representative from the Ministry of the Environment sits on these committees, but according to one source he is generally ignored. Projects solely within a municipality are approved by the municipal councils, with a representative of the regional commission participating.
Typically, development project proposals must first be approved by the municipal Department of Urban Planning or other relevant department, and then by the municipal Department of the Environment. There are no specific public participation procedures applicable to these proceedings, although in many cases there are open hearings held and the press reports on them.
Article 30 of the Environmental Protection Law further provides that associations, citizens or an injured party may request the court to order the dangerous activity to cease. According to authorities in Bulgaria, in the first two years of applicability of this provision, not one single case has been brought making a claim under this Article. Moreover, there is not a single case concerning any portion of the Environmental Protection Act in books on judicial practice published up to 1993.
The approving body depends upon the size and character of the investment. Certain projects involving foreign investors are discussed below. The Law on Territorial and Administrative Planning requires approval of projects by committees, on the level of the government for large projects, and within the Ministry of Building for smaller projects. Projects limited to the area of a single municipality are approved on the municipality level, with participation of the regional planning commission. Environmental authorities take part in the approval process on every level. There are no public participation provisions applicable to these proceedings, although open hearings are held in practice, often with press reportage.
The law on Economic Activity of Foreign Persons and on Protection of Foreign Investment requires that permits for certain foreign investments must be issued by a committee established by the Council of Ministers. A representative from the Ministry of Environment sits on this committee, but his role is limited. There are no specific provisions for public participation or consideration of environmental matters in this law, but the law generally provides that Bulgarian law shall apply to foreign investments unless otherwise specified. This would invoke public participation requirements under EIA laws, for example.
Under Article 4 of this law, the state is prohibited from retaliating against an individual for making a complaint.
There are no laws in Bulgaria which would give a worker a remedy in the case where he is fired or otherwise punished for reporting a violation by his private employer of an environmental law. A draft of the proposed waste law contains an article that would guarantee that a person who reports a violation will not be put into an "offensive situation" because of his act.
In the case of the commission of a crime, the person reporting would be protected from retaliation.
A decree on environmental funds was issued in 1993. This decree establishes rules for administering such funds on the national and regional level and provides for receipts to contribute to the funds. The decree contains a general public participation provision concerned with decisions pertaining to disbursements, which is not clearly formulated.
A new non-profit corporation law in progress is expected to make it easier for non-governmental organizations to form and operate. They are currently governed by a 40-year-old law on individuals and families.
The relatively young local government law is in the process of a complete overhaul.
There is a proposal to enlarge the information required to be reported and disseminated under section 11 of the Environmental Law to include assessments of the current state of "components" of the environment, and data about protection and restoration activities.
Troyan Project -- a mayor has formed citizen committees on technical issues and policy. The policy committee has held public hearings and operates a "green phone" line. Working with the public, the project administrators determined three priority projects for water quality improvement.
A neighborhood organization called Clear Air in Region Izgrev formed to protest the presence in their neighborhood of a furniture plant. The authorities have found that, except for a few minor violations, the plant operates within legal limitations. The citizens complained that the controls were too lenient. The municipality has taken the side of the citizens, sending a letter simultaneously to the Council of Ministers and the Ministry of Environment and attaching the complaint of the NGO. Both the Ministry of Environment and Council of Ministers will write their opinions in response. At this point there is no court action. The citizens say that they lack the money for a court case and prefer to settle the matter administratively.
Protests against the construction of the Belene nuclear power station included a strike action in early 1990. After eight months of similar protests, the Council of Ministers suspended the project. Civil disobedience resulted in the suspension of lead smelting activities and the implementation of health protection schemes at a lead and zinc plant in 1990. A plan to divert the flow of the Rila River to Sofia (Rila-Mesta Hydro) and construction of the Cherni Ossam Dam were also suspended after protests, although reports indicate that the Ossam dam may be back on the agenda of the Construction Ministry. Other successful public actions mentioned were Dmitrovgrad and Kurjely.
On the other hand, the Ministry of Environment has published drafts of the waste law and has requested public comment, but has received no comments from non-governmental organizations. On a special panel convened to discuss the law, only scientists and lawyers participated and none of them represented NGOs, although the NGOs were invited.