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Steps taken or revelation of the most important legislative provisions aimed at the fulfillment of the principle access to justice of the Aarhus Convention

18.12.2014
Some works were carried out in frames of the project “Strengthening the capacity of civil society organizations in addressing challenges in the implementation of the Aarhus Convention” with the aim to study international work experience and international law and judicial documents relating to the precedent judicial acts.
“Economicand legal analysis center” NGO within the framework of the project aims to identify the principles of the Aarhus Convention on Access to Justice legislation aimed at the fulfillment of the most important fundamentals, thoroughly to assess their viability, to separate from the main shortcomings

of legal practice and legal solutions, to present some concrete conclusions.

The fact is in that certain provisions of national legislation have created problematic situation in NGO’s lawsuits on environmental issues, particularly in the imperfection context of the RA law on the “NGOs”, some norms of “Administrative Procedure Codes” judicial practice was not held in compliance with international standards which was reflected in the decisions of the RA Constitutional Court.

The participants presented each other the initial results of their studies during the 4 trainings held for the participants of the project in the office of “Economic and legal analysis center” NGO. They stressed that both in the economy and the ecological management fields, human rights protection system the international experience tends to the following approach; in this term preference is given to an independent public authority.

One of the participants of the project A. Manasyan, having studied in details the experience of Sweden, emphasized that the Ombudsman has broader authorities in that country and ensures a specific guarantee in access to justice in terms of the Aarhus Convention.

In the result of the discussions on these issues the project participants have concluded that to review the current status of the Ombudsman is actual in the case of Armenia as well. Project coordinator, doctor of jurisprudence, Professor G. Danielian highlighted that in individual cases already enshrined authorities do not also have sufficient and necessary practical manifestations. Particularly the Ombudsman has not taken concrete steps to make adequate use of the powers vested him.

E. Shirinyan, who made a speech at the 3rd training, emphasized that the legal status of NGOs has gained essential importance in the context of problem solving of environmental issues in access to justice. Moreover, although the Constitutional Court’s with its decisions have addressed the issue of non-governmental organizations for their right to appeal to an administrative court, practically, this problem has not been solved properly.

Mr. G.Danielyann informed that the newly appointed leadership of the Ministry of Justice has also enlisted the existence of such problems and some projects have already been in the official circulations which are aimed at the elimination of the obstacles.

Special questionnaires were prepared and applied with ecological inquiries during the trainings to reveal the reviewer lawyers attitude regarding the legal process during the practical work.
Soon the project participants will present the final results of their surveys during the trainings.

Mari Chakryan
Information responsible of the Aarhus Centers in Armenia
E-mail: aarhusnews@gmail.com
Translated by Marine Mazmanyan