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ACCC/C/2010/50 Czech Republic

Case status: Findings adopted on 29.06.2012 – Non-compliance found.
Follow-up: On-going; see Decision VII/8e, Decision VI/8e, Decision V/9f.
Topics: Definitions; Public participation; Access to justice.
Articles alleged: 3 (1); 6 (3), (8); 9 (2)(4).
Articles considered by the Committee: 2 (5); 6 (1) (b), 6 (3), 6 (8); 9 (2)(4).
Articles, if any, found in non-compliance: 6 (3), 6 (8); 9 (2), 9 (3).
Summary: On 14 June 2009, the Czech organization Environmental Law Service submitted a communication to the Compliance Committee alleging a failure by the Czech Republic to comply with its obligations under articles 3 (1), 6 (3) and (8), and 9 (2)(4) of the Convention. The communication alleged the restriction of standing for individuals relating to land-use and building permits, the limited rights to non-governmental organizations to challenge the substantive and procedural legality of environmental permits falling under article 6 of the Convention; and that lack of review procedures with respect to administrative omissions regarding activities subject to article 6. The communication also alleged that remedies were ineffective in environmental matters alleges that the Party concerned in general failed to provide for a sufficiently clear, transparent and consistent framework on access to justice.

Document Status Date received or posted by the secretariat
Datasheet ACCC/C/2010/50 (Czech Republic) Latest datasheet on the status of the communication 09.09.2011
Determination on admissibility At CC-29 21.10.2010
Communication Communication ACCC/C/2010/50 14.06.2010
Letter to the communicant after CC-28 From the secretariat 01.07.2010
Letter to the the Party concerned forwarding the communication From the secretariat 14.10.2010
Letter to the communicant after CC-29 and questions From the secretariat 14.10.2010
Invitation for the discussion of the communication at CC-32 From the secretariat 09.03.2011
Information from the communicant and response to the Committee's questions
Annex 1 - Act no. 100/2001 on EIA (extract with relevant parts highlighted)
Annex 2 - Act no. 183/2006 on town and country planning and building code (Building Act) (extract with relevant parts highlighted)
Annex 3 - Decision of the Supreme Administrative Court of 28 August 2007 (extract with relevant parts highlighted)
Annex 4 - Decision of the Constitutional Court of 2 September 2010 (extract with relevant parts highlighted)
Annex 5 - Decision of the Supreme Administrative Court of 31 March 2009 (extract with relevant parts highlighted)
From the communicant 14.03.2011
Response to the communication and the Committee's questions (cover letter) From the Party concerned 17.03.2011
Oral introductory statement and concluding remarks at the discussion of the communication From the communicant 21.04.2011
Letter to the parties after CC-32 From the secretariat 02.05.2011
Response to the questions of the Committee after the discussion at CC-32 From the Party concerned 31.05.2011
Response to the questions of the Committee after the discussion at CC-32 From the communicant 01.06.2011
Reaction to the response of the Party From the communicant 07.06.2011
Letter from the communicant regarding its representation before the Committee From the communicant 05.08.2011

Draft findings 

Letter to the Party

Letter to the communicant

From the secretariat 04.05.2012
Comments on draft findings From the communicant 30.05.2012

Letter and comments on draft findings

From the Party concerned


Findings (advance unedited copy) and letter to the parties From the secretariat 06.08.2012
Findings En Fr Ru From the secretariat 02.10.2012
Letter on follow-up with the recommendations From the secretariat 15.07.2013
Progress report on implementing Committee's findings and recommendations From the Party concerned 12.09.2013
Comments on Party's progress report From the communicant 23.09.2013
Comments on Party's response From observer 23.09.2013
Draft report by the Compliance Committee to the Meeting of the Parties
on the implementation of the findings and recommendations in ACCC/C/2010/50
 and letters to the Party concerned and communicant
From the secretariat 18.11.2013
Comments from the Party concerned on the Compliance Committee's draft report From the Party concerned 05.12.2013