EIR

Question 1

what does the preamble of the eir set out

Answer 1

environmental rights as human rights and the importance of access to info

Question 2

what does access to info ensure

Answer 2

members of the public are able to know and understand what is going on around them

Question 3

article 4

Answer 3

general right of access to info, need to seek

should be interpreted in the least restrictive way

Question 4

article 5

Answer 4

duties of the go to collect and disseminate info of it’s own initiative. parties have the right to allow broader access to info.

Question 5

tarsasag

Answer 5

rapid recognition of right to access had previously been very restrictive

Question 6

changes made by directive 2003/4

Answer 6

def of environmental info and public authority expanded, now measures effecting the environment in any way.
response times - identical to those in the convention
no longer need to state an interest.
can keep information exempt if in the course of completion.
need to construe exceptions narrowly.
can tramsfer the request.

Question 7

exempt info

Answer 7

if can be seperated out then required to do so

Question 8

provided in the form requested

Answer 8

if reasonable can state reasons for supplying in a dif form.
if already publicly available in another form then has to be accessible

Question 9

PI

Answer 9

convention does not give particular guidance on how to balance the PI
can choose categorically across an entire issue
case by case in each decision
provide some latitude for case by case deicison

Question 10

doesn’t define

Answer 10

international relations
national defence
public security
Hungary 2 step procedure

Question 11

third party legal proceedings

Answer 11

can’t extend the deadline if a third party is taking legal proceedings

Question 12

reasonable cost

Answer 12

for information to be truly affordable it also needs to be accessible. a reasonable cost can’t dissuade.

Question 13

effectively accesible

Answer 13

established information system go beyond simply making the information available to the public. public records and databases may be considered accessible when the public can easily search within them for specific pieces of information

Question 14

right given by the convention

Answer 14

everyone has a right to live in a healthy environment ad there is an obligation to protect the environment.

Question 15

three pillars

Answer 15

access to information
public participation - people who are interested, publci participation in the development of plans
access to justice

Question 16

differences between eirs

Answer 16

requests for info can be made orally
can be extended to 20 days for voluminous requests
no upper and lower limit on fees can set their own
eirs have exceptions rather than exemptions
information relating to EIRS have exceptions rather than exemptions

Question 17

who can request information under the directive

Answer 17

anyone can request information regardless of nationality

Question 18

def of PA in the convention

Answer 18

the same but the info that may be requested is not only that held by a PA. only provides for a possibility to PA to refuse information and does not impose on them a right to refuse even it is outwith the convention.

Question 19

differs from the aarhus convention

Answer 19

now unfinshed documents or data