The Slovak J&E member organization is VIA IURIS – Center for public advocacy (www.viaiuris.sk). J&E has established an office in Slovakia since 2006 in the premises of VIA IURIS. Lawyers from VIA IURIS and J&E Slovakia carry out projects in close collaboration.

VIA IURIS provides legal services which leads for enhancing actual and effective participation of citizens in decision-making on important issues and broadening a usual scope of those who can take actual part in decision-making.

In 2009 VIA IURIS as a member of the Justice and Environment has carried out the following activities in the frame of the work plan:

Legislative activities

Our main focus has been legislation concerning citizen’s participatory rights in decision-making with strong impact on health, privacy and environment, specifically EIA law and Building Procedure Code. Since the year 2007 the Slovak government has systematically weakened the position of public, including environmental NGOs, in important proceedings. Slovak NGOs did not have right to challenge unlawful decisions concerning highways, power plants, waste dumps and other potentially harmful projects.

Despite infringement procedure against the Slovak government for non-compliance with the EU Directive 23/35/EU, based on the complaint of the VIA IURIS, the Slovak government has been reluctant to act. After further communication of VIA IURIS with the European Commission and exposing information that EC funding will be withdrawn, our parliament has passed an amendment to the EIA Act re-introducing participation of environmental NGOs. However this victory is only partial and VIA IURIS continues official communication with the Commission to eliminate all of the most important non-conformities concerning engagement of public in decision-making with strong environmental impact.

http://www.viaiuris.sk/english/view/a/slovakia-convention-against-public-participation/

The Slovak government has proposed a new Building Procedure Code – legislation, which regulates zoning, land use and construction permitting. Participatory rights of NGOs, as proposed by the draft, have been in contradiction with provisions of the Aarhus Convention. VIA IURIS has analyzed the draft proposal, prepared comments and mobilized public. Our comments gained support of 20 environmental NGOs and the government proposal of the new Building Code, after additional criticism of experts and political opposition has been withdrawn from the Parliament.

http://www.viaiuris.sk/english/view/a/new-construction-law-exclusion-of-public-again/

Legal advice in cases and consultations

Aarhus Convention related rights – namely public participation on decision-making including the court review and access to information – have been the main legal issues of the VIA IURIS cases and consultations. Access to information cases has also covered issues of transparent management of public finances, municipal environmental management and transparency of municipal decision-making. Our lawyers covered 8 complex cases and in 5 of the cases a positive decision has been delivered.

For example in a case of the waste incinerator, opposed by 1000 inhabitants of Šenkvice village who signed petition, after the engagement of VIA IURIS municipal parliament has withdrawn its support to the project. Municipality is in a process of changing the land use plan to abolish incinerator even from this important planning document.

http://www.viaiuris.sk/zobrazenie/a/senkvicania-su-proti-planovanej-vystavbe-spalovne/

Land-mark decision concerning access to information from meetings of municipal council has been reached.  Bratislava municipality has denied access to minutes from the meeting of its council, which has been restricted for the public. The Supreme Court ruled that all such meetings and minutes should be open to public.

Pezinok landfill case is one with many layers and several important legal cases covered by our lawyers. Unfortunately the current status quo of the case is that company operating the landfill is dumping the waste despite the valid decision of the Supreme Court that the permit is illegal. Decision of the Constitutional Court decision, which – according to the company – provides grounds for dumping of the waste, has not been delivered to Pezinok municipality or citizens participating on the case, despite request.

Full chronology of the case (in English):

http://www.viaiuris.sk/english/specific-pages/pezinok-landfill-case/

Web-based legal support

VIA IURIS is re-constructing its web page with one part devoted to providing an easy-to-use know how for those struggling with noise nuisance and violations of Aarhus convention related rights. „First Legal Aid“ will guide through relevant processes, provide useful legal arguments, templates, examples of cases, web-links to legislation and other useful information.

First Legal Aid and a new web page should be launched in June 2010, partial output can be found on the current VIA IURIS web (only in Slovak):

http://www.viaiuris.sk/pravo-pre-ludi/pravo-na-priaznive-zivotne-prostredie/

Conference report: Public tools for transparent use of public property