Page 47 - อนุสัญญาว่าด้วยการเข้าถึงข้อมูลข่าวสาร การมีส่วนร่วมของประชาชนในการตัดสินใจ และการเข้าถึงความยุติธรรมในเรื่องสิ่งแวดล้อม: จัดทำขึ้น ณ เมืองออร์ฮูส ประเทศเดนมาร์ก วันที่ 25 มิถุนายน 2541

(b) Draft rules should be published or otherwise made publicly
available; and

(c) The public should be given the opportunity to comment, directly or
through representative consultative bodies.
The result of the public participation shall be taken into account as far as
possible.

Article 9

ACCESS TO JUSTICE

1. Each Party shall, within the framework of its national legislation,
ensure that any person who considers that his or her request for information
under article 4 has been ignored, wrongfully refused, whether in part or in
full, inadequately answered, or otherwise not dealt with in accordance with
the provisions of that article, has access to a review procedure before a
court of law or another independent and impartial body established by law.
In the circumstances where a Party provides for such a review by a court
of law, it shall ensure that such a person also has access to an expeditious
procedure established by law that is free of charge or inexpensive for
reconsideration by a public authority or review by an independent and
impartial body other than a court of law.

Final decisions under this paragraph 1 shall be binding on the public
authority holding the information. Reasons shall be stated in writing, at
least where access to information is refused under this paragraph.

2. Each Party shall, within the framework of its national legislation,
ensure that members of the public concerned

(a) Having a sufficient interest

or, alternatively,

(b) Maintaining impairment of a right, where the administrative
procedural law of a Party requires this as a precondition,

have access to a review procedure before a court of law and/or another
independent and impartial body established by law, to challenge the
substantive and procedural legality of any decision, act or omission subject
to the provisions of article 6 and, where so provided for under national law
and without prejudice to paragraph 3 below, of other relevant provisions of
this Convention.

What constitutes a sufficient interest and impairment of a right shall
be determined in accordance with the requirements of national law and
consistently with the objective of giving the public concerned wide access to
justice within the scope of this Convention. To this end, the interest of any
non-governmental organization meeting the requirements referred to in
article 2, paragraph 5, shall be deemed sufficient for the purpose of
subparagraph (a) above. Such organizations shall also be deemed to have
rights capable of being impaired for the purpose of subparagraph (b) above.

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