Case status: Findings adopted on 29.06.2012 – Non-compliance found.
Follow-up: On-going; see Decision VII/8e, Decision VI/8e, Decision V/9f.
Topics: Definitions; Public participation; Access to justice.
Articles alleged: 3 (1); 6 (3), (8); 9 (2)–(4).
Articles considered by the Committee: 2 (5); 6 (1) (b), 6 (3), 6 (8); 9 (2)–(4).
Articles, if any, found in non-compliance: 6 (3), 6 (8); 9 (2), 9 (3).
Summary: On 14 June 2009, the Czech organization Environmental Law Service submitted a communication to the Compliance Committee alleging a failure by the Czech Republic to comply with its obligations under articles 3 (1), 6 (3) and (8), and 9 (2)–(4) of the Convention. The communication alleged the restriction of standing for individuals relating to land-use and building permits, the limited rights to non-governmental organizations to challenge the substantive and procedural legality of environmental permits falling under article 6 of the Convention; and that lack of review procedures with respect to administrative omissions regarding activities subject to article 6. The communication also alleged that remedies were ineffective in environmental matters alleges that the Party concerned in general failed to provide for a sufficiently clear, transparent and consistent framework on access to justice.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Datasheet ACCC/C/2010/50 (Czech Republic) | Latest datasheet on the status of the communication | 09.09.2011 |
| Determination on admissibility | At CC-29 | 21.10.2010 |
| Communication | Communication ACCC/C/2010/50 | 14.06.2010 |
| Letter to the communicant after CC-28 | From the secretariat | 01.07.2010 |
| Letter to the the Party concerned forwarding the communication | From the secretariat | 14.10.2010 |
| Letter to the communicant after CC-29 and questions | From the secretariat | 14.10.2010 |
| Invitation for the discussion of the communication at CC-32 | From the secretariat | 09.03.2011 |
| Information from the communicant and response to the Committee's questions Annex 1 - Act no. 100/2001 on EIA (extract with relevant parts highlighted) Annex 2 - Act no. 183/2006 on town and country planning and building code (Building Act) (extract with relevant parts highlighted) Annex 3 - Decision of the Supreme Administrative Court of 28 August 2007 (extract with relevant parts highlighted) Annex 4 - Decision of the Constitutional Court of 2 September 2010 (extract with relevant parts highlighted) Annex 5 - Decision of the Supreme Administrative Court of 31 March 2009 (extract with relevant parts highlighted) |
From the communicant | 14.03.2011 |
| Response to the communication and the Committee's questions (cover letter) | From the Party concerned | 17.03.2011 |
| Oral introductory statement and concluding remarks at the discussion of the communication | From the communicant | 21.04.2011 |
| Letter to the parties after CC-32 | From the secretariat | 02.05.2011 |
| Response to the questions of the Committee after the discussion at CC-32 | From the Party concerned | 31.05.2011 |
| Response to the questions of the Committee after the discussion at CC-32 | From the communicant | 01.06.2011 |
| Reaction to the response of the Party | From the communicant | 07.06.2011 |
| Letter from the communicant regarding its representation before the Committee | From the communicant | 05.08.2011 |
| From the secretariat | 04.05.2012 | |
| Comments on draft findings | From the communicant | 30.05.2012 |
|
From the Party concerned |
22.06.2012 |
|
| Findings (advance unedited copy) and letter to the parties | From the secretariat | 06.08.2012 |
| Findings En Fr Ru | From the secretariat | 02.10.2012 |
| Letter on follow-up with the recommendations | From the secretariat | 15.07.2013 |
| Progress report on implementing Committee's findings and recommendations | From the Party concerned | 12.09.2013 |
| Comments on Party's progress report | From the communicant | 23.09.2013 |
| Comments on Party's response | From observer | 23.09.2013 |
| Draft report by the Compliance Committee to the Meeting of the Parties on the implementation of the findings and recommendations in ACCC/C/2010/50 and letters to the Party concerned and communicant |
From the secretariat | 18.11.2013 |
| Comments from the Party concerned on the Compliance Committee's draft report | From the Party concerned | 05.12.2013 |