Pflichten Privater zur Herausgabe von Umweltinformationen aus der Umsetzung der RL 2003/04 EG
Due to the Aarhus Convention (1998), the Environmental Information Directive (2003) and the German federal Environmental Information Act (UIG) (2005), as well as 16 German state laws, not only public authorities, but also many private bodies are now subject to the obligation to make environmental information publicly available or even disseminate it in a proactive manner.
The laws in question generally affect private individuals and organisations in three ways: They can be claimants entitled to information, they can be required to make information publicly accessible or even to actively disseminate it, and they can also be affected indirectly as third parties when their interests are infringed upon by another institution or individual making certain kinds of information available. This study focuses on the second aspect, i.e. the obligations that flow from this area of law for private individuals.
It will examine which private entities could be under the obligation to disclose environmental information, and what exactly this obligation entails for them. This makes it necessary to examine the meaning of the frequently unclear wording of the UIG (e.g. “public task / public service related to the environment”) and clarify as much as possible. Likewise, the scope and limits of the obligation to provide information are considered, as well as the rules governing the reimbursement.
This book is of interest both to private individuals who are themselves subject to the obligation to disclose information, as well as to any person who seeks to apply for disclosure of environmental information. Finally, it is also useful to scholars and all other persons interested in studying or working with the environmental information law at the supranational, federal German or at state level.