Ukraine’s Compliance with Norms of Environmental Democracy: Between Wartime Restrictions, EU Standards and Green Reconstruction
摘要
Environmental democracy has been a field cooperation between the European Union and Ukraine for many years. Ukraine has made strong progress in implementing respective international and EU law. However, as a response to Russia’s full-scale invasion in February 2022, the Government of Ukraine initially restricted these democratic rights. The chapter presents these restrictions to access to environmental information and public participation in environmental impact assessment (EIA). It analyses how the adopted measures violated the Constitution of Ukraine, domestic laws and the EU acquis and shows that they were not proportionate in light of their legitimate objectives. The Government of Ukraine’s failure to strike a fair balance between security and defence interests and competing interests of transparency, democratic decision-making and green reconstruction led to massive domestic and international pressure to revise the measures. Not least in view of Ukraine’s EU candidate country status, a better balance was found by the amendments to the EIA Law effective since December 2023. The chapter innovatively unites two previously separate strands of literature on restrictions of democratic rights during wartime or for the sake of security and environmental democracy and embeds them into the literature on EU enlargement.