Case: Violation of the legislation on the right to information and public participation in climate change issues by the Ministry of Environmental Protection in Ukraine.
Fact of the matter: protection of the right to information, and right on public participation in decision making process in environmental matters.
Parties:
plaintiff: NGO “Environment-People-Law” (EPL)
defendant: Ministry of Environmental Protection of Ukraine (Ministry)
Merit of the case: NGO “Environment-People-Law” was denied access to information about the policy of the Ministry on climate change. Thus, EPL asks the court to oblige the Ministry to take certain actions and impose the penalty on the officials responsible for the violation of the legislation.
Major facts:
EPL asked for the information on the development of climate change policy in Ukraine from the Ministry in the information request.
- The access to information in following issues was denied:
- Information on the Ministry’s climate change policy and steps to mitigate climate change consequences and anthropogenic green house gas emissions.
- Whether the enterprisers implement the measures to limit the influence of their activity on climate change, if yes, which ones? And provide the copies of confirming documents.
- Whether the Ministry has planned to carry the seminars on climate change issues for 2007-2008? If yes, for whom, which issues will they cover?
Who is responsible for their organizing? Provide the actual list of events.
As the result we point out the violation of the following legal acts:
Constitution of Ukraine;
- Law of Ukraine «On international treaties of Ukraine»;
- Law of Ukraine «On information»;
- Law of Ukraine «On environmental protection»;
- Law of Ukraine «On corruption»;
- Aarhus Convention;
- United Nations Framework Convention on Climate Change.
Commercial Court of Lviv Region opened the court proceeding according to the lawsuit of EPL vs. Ministry of Environmental protection of Ukraine by the court ruling of 16.05.2008.
EPL’s claim was not satisfied and we filed an appeal, now we are waiting for the court hearing in the court of second instance.
