Access to environmental information in Sweden in the context of principles of good administration

Monirul Azam

International Journal of Law and Management, 2024, vol. 67, issue 4, 479-502

Abstract: PurposeThis paper aims to examine how Sweden, as a member state of the European Union (EU), has implemented the EU Directive on Public Access to Environmental Information (AEI directive) in the context of the principles of good administration.Design/methodology/approachThis paper adopts the EU law methodology, as this paper mainly examines the implementation of the EU AEI directive by the member states and, as an EU member state, how Sweden used procedural autonomy to implement the EU directive at the national level. The EU law methodology further guides how national laws are to be interpreted considering obligations under the EU law. This paper further applies a comparative review to determine the differences in the approaches used by the AEI directive and relevant Swedish national laws to facilitate access to environmental information.FindingsDespite Sweden used a minimalist approach rather than maximal harmonization while implementing the AEI directive at the national level, the Swedish model of the accessibility and availability of environmental information is fully compliant with the principles of good administration. The Swedish approach has an enormous effect on promoting access to environmental information as an integral part of good governance and fundamental rights.Research limitations/implicationsIt was not possible to perform a comparative review of court cases on relevant issues from different EU member states.Practical implicationsAccess to environmental information could be a tool for environmental democracy and sustainable development.Social implicationsAccess to environmental information could contribute to more public engagement and participation in environmental decision making and hence could make developmental projects more inclusive to meet societal objectives.Originality/valueThis study makes a unique contribution by evaluating access to environmental information in the context of the principles of good administration under EU law.

Keywords: Access to environmental information; Aarhus convention; Principles of good administration; Procedural autonomy; EU law; Swedish law (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:eme:ijlmap:ijlma-12-2023-0281

DOI: 10.1108/IJLMA-12-2023-0281

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