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Legislative framework

Albania - Identification and notification of the public concerned in Decision Making : Best practices and Challenges. Aarhus Convention Task Force on Public Participation in Decision-making Geneva, 10-11 February 2016. Legislative framework.

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Legislative framework

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  1. Albania - Identification and notification of the public concerned in Decision Making : Best practices and Challenges Aarhus Convention Task Force on Public Participation in Decision-making Geneva, 10-11 February 2016

  2. Legislative framework • Law No. nr.10431, dated 9.6.2011 “On Environmental Protection” Article 1 p.40; p.41; Definition of public, public authority; • DCM No. 994, dated 02.07.2008, “Public Participation in Environmental Decision Making”; ensuring the rule for all process of decision making for plans, programs, and for law making • DCM No. 16, dated 04.01.2012, “On Public Access to environmental information”; • DCM No. 247, dated 30.04.2014, “On the determination of the rules and requirements of the procedures for information and involvement of the public in environmental decision making”; ensuring the rule for EIA activities • Order of the Government nr.202 dt.16.12.2005 “Strengthening of the Transparency through internet uses and increases existing web site”

  3. Who are responsible to organize the public hearings Public hearings are regularly held for law making, policy making, spatial planning, strategic planning, resource management planning, licensing of industry e.g. IPPC, environmental assessment (EIA), budgetary decisions etc. • At ministry level – for new legislation/national plans/programs, SEA etc. • At local authority level – regional plans, programs, projects, EIA activities etc. In practice • NEA (in collaborate with local level, REA) for EIA activities

  4. Notification for legal act and plans.. Notification for legal acts (website of Environmental Ministry, mail, social media; • Time frame : 30 days & no less than 10 days for comments (20 + 20 new law) • Minutes – from 2 to 5 days , uploaded in Aarhus Facebook, comments integrated in the explanatory report of the draft-documents, which is forwarded to Government & Parliament Notification channels for Regional Management Plans (waste, protect aria) : website of MOE NEA and municipality , email, local papers for three days, advertising boards • Notification for strategic documents - 30 days prior to public hearing + no less than 30 days for comments • For particularly complex projects – up to 40 days for comments (new law) • The option of extension/ new issues come up

  5. Notification for EIA procedures Public hearings are regularly held at NEA level - for EIA procedures • Preliminary EIA (activities which may have a significant effect on the environment) • After 5 days – 20 days online publication • 20 days for comments + date of decision, decision uploaded on website • Timeframe for complaints • Notification channels: website of NEA, municipality web site, advertising boards Advanced EIA (activities listed in annex 1) • Notification - 30 days prior to public hearing + no less than 30 days for comments • For particularly complex projects – up to 40 days for comments • Notification channels: website, email, advertising boards, local papers for 3 days.

  6. Notification on the website MoE Facebook Aarhus Facebookhttp://www.tirana.al http://mjedisi.gov.al/

  7. METHOD USE TO IDENTIFY THE PUBLIC How complex is the issue to be discussed? What is the geographical scale of the issue? At what levels of societal structure is the process to operate? Public - In practice there are as many publics as there are different people who care, positively or negatively, about a project. Public concerned- who they are may depend directly or indirectly from the activities (NGO-s, researcher ect.)- Local authority or decision making authority that perform any public administrative function have links to the environment. Applicants- play a significant role in the holy process of public participation

  8. Challenges Legislation framework and instruments to guarantee public participation in decision-making is in place; • A matter of democratic mindset; • Raising capacities and developing the spirit of democratic decision-making culture; • Less formal and more substantial public hearings (esp. at local level); Try to find the compromise START DECIDE NOTIFY PROTECTING THEIR ATTITUDES IF NOT, DECISION IT’S TAKEN PREPARATION COLLABORATE RESPECT THE DECISION … FOR THE GOOD LIFE FOR WILD WORLD AND FOR PEOPLE TAKE DECISION TOGETHER

  9. Raising awareness and capacities • During 2014: 12 regional trainings on obligations deriving from Aarhus Convention for regional Environmental structures, local authorities, general public, civil society, Aarhus centers, etc.., on EIA procedures, information, etc. • During 2015: 12 regional trainings for ESPOO convention, public hearings procedures and obligations in trans-boundary context projects; regional staff, local authorities, general public; • After new election for local governance, the MoE have started the official meeting with new body to be present their responsibility according the public involvement on environmental issues

  10. Thank You! Edlira Dersha Albanian Ministry of Environment edlira.dersha@moe.gov.al

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