An interested public is one that is affected or expected to be affected by the decision-making process in environmental matters, including non-governmental organizations dealing with environmental protection
In democratically organized societies, participation non-governmental organizations in protection living environment enjoys the support of state authorities. In the world, it is not a rare case that governments invite non-governmental organizations to make scientific and professional analyzes of the state of the environment, finance projects and specific actions of NGOs with the aim of preserving the environment, as well as encourage them to participate in public discussions when adopting national regulations in the field ecology. Also, it is the practice of non-governmental organizations to self-initiatively engage by submitting proposals, drafts, requests for amendment, amendment or cancellation of inappropriate state acts, especially in countries where environmental political parties do not actively participate in leading state institutions.
In some countries, non-governmental organizations take over activities that are traditionally the responsibility of state authorities. Thus, for example, the Bulgarian Union of Hunters and Fishermen controlled national reserves, imposed fines on violators of regulations and carried out economic activities aimed at the development of reserves. Some countries even authorize non-governmental organizations to demand compliance with environmental protection regulations before competent courts.
Non-governmental organizations and associations, unlike government (state) organizations and agencies, are an expression and form of citizens' efforts to self-organize to satisfy their many different interests and needs. In order to distinguish them clearly from organizations with the aim of acquiring and distributing profits, these organizations are more precisely defined as non-governmental, non-profit organizations.
In the system of specialized organizations and agencies of the United Nations, or regional integrations, such as Of the European Union, non-governmental organizations are a recognized equal participant in solving numerous key problems of the modern world. In parallel with the conferences of representatives of states and governments, meetings of non-governmental organizations are held on the problems of peace, ecology, women, youth, racial and national minorities.
In European environmental legislation (MA Heldeweg et al, "Public Environmental Law in Europe", European Environmental Law, No. 3, 2004), the right to access environmental information available to the public authorities of the member states of the European Union is regulated by the European Community Council Directive 90/313/EEC on freedom of access to environmental information from 1990 (Directive of the Council of the European Community 90/313 on the Freedom of Access to Information on the Environment). The aforementioned Directive formulates the right to environmental information not only as a possibility but as a fundamental right. "Environmental information" means information related to the environment in written, visual or audio form, or in the form of a database. Environmental information, in addition to data on the state of the environment, also includes other data relevant to the environment. "Public authorities" that are obliged to provide information are defined in a broader way, so it is understood that they are administrative bodies at the national, regional or local level, as well as other organizations dealing with the environment and possessing relevant environmental information. The aforementioned authorities are obliged to provide the requested environmental information within two months at the latest. In terms of Article 5 of the Directive, the service of providing environmental information may not be charged at a "reasonable price". If the competent authority refuses to issue the information, the person whose request was rejected can request a modification of such decision in administrative or court proceedings.
The directive also stipulates that environmental information can be requested by any natural or legal person, and there is no obligation to prove the so-called. of special interest. In addition, authorized persons include not only citizens of the member state from whose authorities the information is requested, but also persons from other member states of the European Union, as well as persons outside the European Union.
In Legislation Of Serbia, the Law on General Administrative Procedure ("Official Gazette of the Republic of Serbia", No. 18/2016, 95/2018, 2/2023) contains one novelty compared to the previous law, actually a provision on "interested public" as a party in administrative proceedings. Party identification is entrusted not only to individuals but also to "representatives of public interest authorized by a special law" and "representatives of collective interests". Thus, (Art. 44, paragraph 3): "Representatives of collective interests and representatives of wider public interests, who are organized in accordance with the regulations, can have the status of a party in administrative proceedings if the outcome of the administrative proceedings can affect the interests they represent."
This means that, although associations may have different forms of legal status that are not conditioned by limitations regarding years of existence or conditions related to the quality of work, any association may initiate proceedings before administrative authorities. In order to obtain party identification, associations, as representatives of broader interests of the public, do not have the obligation to prove that the outcome of the administrative procedure affects the rights, obligations or legal interests of the association that requested the status, but that the outcome of the administrative procedure can affect the interest they represent, i.e. the interest of environmental protection.
The author is a professor of environmental law
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