Page 48 - อนุสัญญาว่าด้วยการเข้าถึงข้อมูลข่าวสาร การมีส่วนร่วมของประชาชนในการตัดสินใจ และการเข้าถึงความยุติธรรมในเรื่องสิ่งแวดล้อม: จัดทำขึ้น ณ เมืองออร์ฮูส ประเทศเดนมาร์ก วันที่ 25 มิถุนายน 2541

The provisions of this paragraph 2 shall not exclude the possibility of
a preliminary review procedure before an administrative authority and shall
not affect the requirement of exhaustion of administrative review procedures
prior to recourse to judicial review procedures, where such a requirement
exists under national law.
3. In addition and without prejudice to the review procedures referred to
in paragraphs 1 and 2 above, each Party shall ensure that, where they meet the
criteria, if any, laid down in its national law, members of the public have
access to administrative or judicial procedures to challenge acts and
omissions by private persons and public authorities which contravene
provisions of its national law relating to the environment.

4. In addition and without prejudice to paragraph 1 above/ the procedures
referred to in paragraphs 1, 2 and 3 above shall provide adequate and
effective remedies, including injunctive relief as appropriate, and be fair,
equitable, timely and not prohibitively expensive. Decisions under this
article shall be given or recorded in writing. Decisions of courts, and
whenever possible of other bodies, shall be publicly accessible.

5. In order to further the effectiveness of the provisions of this article,
each Party shall ensure that information is provided to the public on access
to administrative and judicial review procedures and shall consider the
establishment of appropriate assistance mechanisms to remove or reduce
financial and other barriers to access to justice.

Article 10

MEETING OF THE PARTIES

1. The first meeting of the Parties shall be convened no later than one
year after the date of the entry into force of this Convention. Thereafter,
an ordinary meeting of the Parties shall be held at least once every two
years, unless otherwise decided by the Parties, or at the written request of
any Party, provided that, within six months of the request being communicated
to all Parties by the Executive Secretary of the Economic Commission for
Europe, the said request is supported by at least one third of the Parties.
2. At their meetings, the Parties shall keep under continuous review the
implementation of this Convention on the basis of regular reporting by the
Parties, and, with this purpose in mind, shall:

(a) Review the policies for and legal and methodological approaches to
access to information, public participation in decision-making and access to
justice in environmental matters, with a view to further improving them;

(b) Exchange information regarding experience gained in concluding and
implementing bilateral and multilateral agreements or other arrangements
having relevance to the purposes of this Convention and to which one or more
of the Parties are a party;

(c) Seek, where appropriate, the services of relevant ECE bodies and
other competent international bodies and specific committees in all aspects
pertinent to the achievement of the purposes of this Convention;

-13-