Public participation and omissions by public authorities (Art. 6, 7, 8 and 9) – The obligation to create a National Council of the Environment for public participation according to Italian law is not discretionary for the Ministry of Environment, and the omission to do was successfully challenged in court by an environmental NGO.
Italy - Council of State - Codacons v Ministry of the Environment (sez. VI, n. 6547) - Summary with link to judgment
Resource convention articles:
, Article 7: Public Participation Concerning Plans, Programmes and Policies Relating to the Environment
, Article 8: Public Participation During the Preparation of Executive Regulations and/or Generally Applicable Legally Binding Normative Instruments
Publisher:UNECE / Task Force on Access to Justice
Court/body:Council of State (Consiglio di Stato)
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