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What it is

Rights to know, take part and challenge environmental matters in Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 16 December 2005. Introduced by: Gobierno.

Official title: Government bill regulating the rights of access to information, public participation, and access to justice in environmental matters (incorporating Directives 2003/4/EC and 2003/35/EC).

Follow this law

Source: Congreso de los Diputados, file 121/000068· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law recognizes three rights before public authorities: access to environmental information, participation in decisions affecting the environment, and challenging acts that violate those rights. You do not need to declare any specific interest to request information.
  2. Public administrations must actively spread environmental information: legal texts, plans, permits, reports on the state of the environment and monitoring data. They must also publish a yearly progress report and a full report every four years, with a summary anyone can understand.
  3. If there is an imminent threat to human health or the environment, the information must be released immediately so the public can prevent or limit the damage.
  4. Anyone can request environmental information in writing. The answer must come within one month at the latest, extendable to two if the volume or complexity justifies it. The grounds for refusal are limited, must be interpreted narrowly, and cannot be used to hide data on emissions.
  5. The public must take part in preparing plans and programs on waste, air quality and other matters, and in rules on water, noise, soil or waste, among others. The law guarantees information, the chance to make comments while all options are still open, and a reasoned final decision.
  6. Acts violating the rights to information and participation can be challenged through administrative or court proceedings. Nonprofit environmental organizations, legally set up at least two years earlier and active in the affected area, can bring an actio popularis (Acción popular Actio popularis: the ability to go to court to defend a general interest, even if it does not affect you personally.) against acts that violate environmental law.

Who it affects

  • Any person: Can request environmental information without explaining why, and take part in environmental plans and rules.
  • Public administrations: Must spread environmental information, answer requests on time and guarantee public participation.
  • Nonprofit environmental organizations: Can bring an actio popularis and are entitled to free legal aid if they meet the requirements.
  • Companies and private parties with environmental information duties: Can face complaints filed with the administration if they fail to comply, with possible coercive fines.

Words worth knowing

Acción popular
Actio popularis: the ability to go to court to defend a general interest, even if it does not affect you personally.
Recurso contencioso-administrativo
Court challenge against a decision made by a public administration.
Multas coercitivas
Coercive fines: repeated fines imposed to force someone to comply with a ruling, not a punishment for an offense.
Persona interesada
Interested party: a person or entity entitled to take part in a procedure; it includes environmental nonprofits that meet certain requirements.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced16 December 2005Someone registers the text in the Congreso.
  2. Admitted20 December 2005The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments23 December 2005Groups propose changes.
  4. Committee22 February 2006A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate29 March 2006The Senate can pass it, amend it or veto it.
  7. BOE29 June 2006It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Dec 2005Jan 2006Feb 2006Mar 2006Apr 2006May 200611. 16 December 2005: Presentación22. 20 December 2005: Comisión de Medio Ambiente Publicación desde 20/12/2005 hasta 23/12/200533. 20 December 2005: Calificación44. 23 December 2005: Comisión de Medio Ambiente Enmiendas desde 23/12/2005 hasta 22/02/200655. 22 February 2006: Comisión de Medio Ambiente Informe desde 22/02/2006 hasta 22/03/200666. 22 March 2006: Comisión de Medio Ambiente Aprobación con competencia legislativa plena desde 22/03/2006 hasta 29/03/200677. 29 March 2006: Senado desde 29/03/2006 hasta 21/06/200688. 21 June 2006: Pleno Enmiendas o veto del Senado desde 21/06/2006 hasta 29/06/200699. 29 June 2006: Concluido - (Aprobado con modificaciones) desde 29/06/2006 hasta 05/09/2006

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Act 27/2006, of July 18, regulating the rights of access to information, public participation, and access to justice in environmental matters (incorporates Directives 2003/4/EC and 2003/35/EC).

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error