1 Introduction1
This Chapter aims to investigate the role of information and public participation in the integration of climate change policies in subnational entities. The two Austrian Länder Tyrol and Vorarlberg and the two Italian Autonomous Provinces of Trento and Bolzano serve as case studies.
Information relates to the extent to which climate change-related data and analyses are accessible and effectively communicated by policymakers and public bodies to the public, especially stakeholders participating in decision-making or implementation. Climate change integration could, for instance, be hindered by a lack of understanding in society of the consequences for climate change of their respective actions.
Information is thus an essential precondition for strong and effective public participation. Therefore, the Chapter also focuses on the organization of participation and its contribution to climate change integration through the inclusion of relevant expertise and the creation of common understanding processes. Public participation implies interaction between organized and non-organized civil society and public authorities. The Chapter analyses voluntary modes of participation, which are used by policymakers on an ad hoc basis, together with binding, legally required procedures, where present.
To address these issues, the Chapter adopts a socio-legal methodology, based on document analysis, interviews, literature review and a comparative approach between the two Italian Provinces and the two Austrian Länder.
The first section examines the accessibility to information held by public authorities – in other words information mechanisms − in Tyrol, Vorarlberg and in the Autonomous Provinces of Trento and Bolzano and distinguishes between binding i.e. legally required and voluntary i.e. non-legally required information mechanisms. The second section investigates participation
2 Information and Climate Change Integration
2.1 Information Mechanisms in Tyrol and Vorarlberg
2.1.1 Binding Information Mechanisms
For a long time, the principle of official secrecy characterized the Austrian administration. It was only in 1987 that the administration was obliged to provide information pursuant to the Constitution (hereinafter Bundes-Verfassungsgesetz or b-vg),2 as illustrated below.3 Since then, both concepts – official secrecy and the duty to provide information – have been in tension with each other, and this has not been fully resolved to date.
According to article 20(4) b-vg, the duty to provide information provides that
[a]ll organs entrusted with Bund, Land and municipal administrative duties as well as the executive officers of other public law corporate bodies shall impart information about matters pertaining to their sphere of competence in so far as this does not conflict with a legal obligation to maintain confidentiality.
The obligation to provide information thus addresses the administration and includes both sovereign and private sector administration; it does not apply to the judiciary or to legislation.4
According to the case law of the Constitutional Court (hereinafter Verfassungsgerichtshof or VfGH), the duty to provide information is not
Pursuant to the wording of article 20(4) b-vg, the limits of the duty to provide information result from “legal obligation[s] to maintain confidentiality”. These confidentiality obligations include the official secrecy enshrined in article 20(3) b-vg,7 the fundamental right to data protection,8 and selected provisions of laws adopted by simple majority,9 in particular § 1(2) of the Duty to Grant Information Act (hereinafter Auskunftspflichtgesetz),10 according to which “[i]nformation shall be given only or to an extent which does not substantially impair compliance with the other duties of the administration [and the information] is obviously [not] requested in a frivolous way”.
The obligation to provide information is not uniformly structured in Austria. The Auskunftspflichtgesetz applies only to requests for information addressed to federal bodies. Accordingly, each Land has to provide for corresponding
As a matter of fact, similarly to § 3 of the Auskunftspflichtgesetz, the Tyrolean Duty to Grant Information Act provides for a period of eight weeks to respond to written requests for information, should it not be possible to provide the information orally or by telephone. If information is not granted, a decree motivating the decision not to grant access to information shall be issued on the request of the applicant.12 The Vorarlberg Duty to Grant Information Act provides for a similar procedure.13 Since both the Tyrolean and the Vorarlberg Duty to Grant Information Act apply generally to requests for information, they can be considered as means of obtaining climate-relevant information.
EU law also partly influences the national right of access to information. The Environmental Information Directive,14 issued on the basis of the Aarhus Convention,15 provides for a right of access to environmental information held by public authorities. Environmental information is broadly understood as all information relating to the environment.16 In this sense, information relevant to climate may also be regarded as environmental information. The Environmental Information Directive was implemented in Austria at the federal level by the Environmental Information Act (hereinafter Umweltinformationsgesetz or uig)17 and at the level of the Länder by supplementing existing Duty to Grant Information Acts or, as in Tyrol and Vorarlberg, by separate Länder- Environmental Information Acts.18
In sum, the information mechanisms described so far, are referred to as reactive mechanisms, as one needs to actively request the information. Individuals,
At the current time no constitutional obligation to proactively inform the population about climate change can be derived from article 20(4) b-vg. Yet this is likely to change if the ministerial draft for a new article 22a b-vg in conjunction with a new Freedom of Information Act enters into force.20 The ministerial draft both replaces official secrecy by a constitutional right of access to information, and obliges public bodies21 to publish information of general interest22 via a central information metadata register.23 The obligation to publish information is especially relevant for information regarding climate change, since it may be considered information of general interest.
Apart from the ministerial draft, an obligation to proactively inform the population may arise in particular from articles 2, 8 and 10 echr. Indeed, fundamental rights provide not only for negative but also for positive state obligations.24 For example, in the light of the Guerra case,25 the obligation to inform neighbors of an industrial plant about possible dangers associated with the plant or to provide comprehensive information in the event of an accident can be derived from article 8 echr. Such obligations come into play above all
In addition to the b-vg and the echr, proactive mechanisms can also arise from the constitutions of the Länder. Article 60a of the Tyrolean constitution (hereinafter Tiroler Landesordnung 1989)26 stipulates that “the Land government shall inform the population of the Land in an appropriate manner about matters of particular political, economic or financial importance for Tyrol”.27 Although article 60a of the Tiroler Landesordnung 1989 does not explicitly address climate change issues, these can be subsumed under matters of political, economic and financial importance for Tyrol. Admittedly, the Land government has wide discretion in this regard; moreover, unlike articles 2, 8 and 10 echr, article 60a of the Tiroler Landesordnung 1989 is not a subjective right (that can be invoked before a court), but an objective guideline to be observed by the government of Tyrol. Unlike the Tyrolean constitution, the constitution of Vorarlberg28 has no comparable proactive information mechanisms.
At the level of ordinary legislation, proactive information mechanisms appear in the uig and the Länder- Environmental Information Acts. Under § 9 uig, “bodies required to provide information shall prepare environmental information relevant to their functions and held by or for them for active and systematic dissemination to the public”. In particular, public bodies shall disseminate international treaties, policies, plans and programs related to the environment, as well as environmental status reports and permits that have a significant impact on the environment.29 Similar provisions exist in § 9 of the Tyrolean Environmental Information Act 200530 as well as in § 9 of the Vorarlberg State Environmental Information Act.31 In parallel, additional proactive mechanisms exist in a number of specific policy areas, for example in the national water management plan32 or water management framework
All in all, proactive information mechanisms are gaining importance, especially in recent years. In contrast to reactive information mechanisms, they have two major advantages: first, they facilitate the accessibility of relevant information in the absence of a request; second, they facilitate the work of public bodies, since these bodies will presumably be confronted with fewer individual requests for information overall and, if they are confronted with such requests, they can ideally refer to information that is already accessible.
2.1.2 Voluntary Information Mechanisms
Binding information mechanisms are accompanied by several voluntary information mechanisms. Their aim is either to raise awareness of climate-related measures amongst the relevant stakeholders or to disseminate climate-relevant information. In general, voluntary information mechanisms in Tyrol and Vorarlberg can be subdivided into general climate strategies, which set general targets, and policy area specific climate initiatives.
Both Tyrol and Vorarlberg have defined general climate strategies. Tyrol, for example, publishes a regularly updated climate report.35 The report is a result of continuous consultation among the departments of the government responsible for the implementation of climate related sectoral measures. The starting point for this report was 2012, when the Tyrolean government adopted its first sustainability strategy. In 2014, the Tyrolean government committed to energy independence by 2050 and a move away from the use of fossil fuels.36 Essentially, the goal of Tyrol’s sustainability and climate strategy is to “drive forward an ecologically compatible, socially just and economically efficient development” of the Land.37 The Tyrolean sustainability and climate strategy is backed up by continuously updated status reports on the implementation of
Vorarlberg established Energy Autonomy Vorarlberg as its central climate-related policy goal in 2009. It aims to cover the regional energy demand completely with renewable energy by 2050. An evaluation of the efforts resulted in the Energy Autonomy + strategy.40 However, Energy Autonomy +, which is primarily concerned with reducing greenhouse gas emissions, constitutes only one of three pillars of Vorarlberg’s climate strategy. In addition, there is the “land use” pillar, which provides for the conservation of natural carbon reservoirs (such as peatlands), and the “climate change adaptation” pillar, which deals with the inevitable need to adapt to climate change.41
Classic websites serve as a means of disseminating these general climate strategies. The website “Tirol 2050/Tirol Energieautonom”42 for Tyrol and the websites “Energieautonomie”43 and “Klimawandelanpassung – Infoportal”44 for Vorarlberg deserve special mention in this regard. Overall, sufficient information on climate change is publicly available. Civil society actors confirm that public bodies are cooperative and generally make relevant information accessible.45
Apart from general climate strategies, Tyrol and Vorarlberg have launched policy area-specific climate initiatives. Most of these initiatives are part of the existing umbrella strategies of the Länder.
The governments of Tyrol and Vorarlberg frequently organize information and awareness-raising initiatives on a project basis with different target
The policy area-specific climate initiatives place a particular focus on the under-30 target group, which is generally difficult to reach.56 To better reach this target group, awareness-raising initiatives are organized in schools.57 The attempt to involve people under 30 leads to a shift in the means of communication from traditional media, such as local newspapers like the Tiroler Landeszeitung, to social media, such as Facebook, YouTube, Instagram and Twitter.58 Finally, both public officials and civil society groups generally recognize that it is also important to increase the involvement of social movement organizations, such as Fridays for Future groups, to achieve better access to young people.59
2.2 Information Mechanisms in the Autonomous Provinces of Trento and Bolzano
2.2.1 Binding Information Mechanisms
In Italy, the framework for the right to environmental information, and therefore regarding climate change, largely resembles the Austrian context already described due to the international and European legal sources that outline the fundamental features of this right.
Nonetheless, it should be noted that a right to public information is not expressly contemplated in the Italian Constitution. It was the Constitutional Court that, through thorough interpretation work, connected this right to the right of freedom of thought (libertá di manifestazione del pensiero), defined in article 21 of the Italian Constitution, and provided a first elaboration of the right to information in its decision 420/94, which states that it is necessary to “guarantee the maximum degree of external pluralism, in order to satisfy, through a plurality of competing voices, the citizen’s right to information”.60
This right to information is included in article 22 of l. 241/90 (as amended by l. 15/05),61 which lays down the procedures and circumstances under which citizens may access the acts of the public administration.62 The national regulatory framework is completed by the provisions contained in D.lgs. 33/2013 concerning “Reorganization of the rules on the right of civic access and the obligations of publicity, transparency and dissemination of information by public administrations”. In light of the European and international rules already mentioned in the previous paragraphs,63 the legal framework concerning the right to and access to information in environmental matters is much
In Italy, the right of access to environmental information is regulated by D.lgs. 195/05, which implemented Directive 2003/4/ec on public access to environmental information.65 The Directive followed the ratification of the Aarhus Convention and introduced the recognition of the right of access to environmental information contained in acts produced by the public administration within the national legal system. To guarantee this right to environmental information, the public administration must not only play a reactive role and ensure the transparency of the data in terms of its availability, but also a proactive role by actively promoting the collection, updating and dissemination of information. Guidance activities, awareness-raising and environmental education campaigns, electronic databases, registers, inventories and reports on the state of the environment are some of the tools the public administration must use for this purpose.66
At the subnational level, in the Autonomous Province of Trento l.p. 4/201467 regulates the right of access to information (“civic access”) held by the public administration by transposing the same rules provided for in D.lgs. 33/2013. Furthermore, the abovementioned article 40 of D.lgs 33/2013 is directly applicable in the provincial legislative framework and implements previous national legislation on the dissemination of environmental information. It establishes that administrations shall publish and specifically highlight on their institutional websites the environmental information they hold for the purposes of their institutional activities.
In this respect, the “Three-Year Plan for the Prevention of Corruption and Transparency 2020–2022” outlines the planned procedures for disseminating
D.lgs. 195/2005 and D.lgs. 33/201371 regulate the right and access to environmental information in the Autonomous Province of Bolzano. A presidential decree (d.p.p. 4/2020 in its articles 41–46) integrates the legislative framework.72 The Environment and Climate Protection Agency (hereinafter appa Bolzano) is responsible for implementing these reporting obligations. Similarly to the appa Trento, it is required to make available information, data and documents on the state of the environment in the territory of the Autonomous Province of Bolzano on its website.73
According to some of the interviewees, despite the existing legislative framework on the right to obtain environmental information, the procedure to follow is complicated and not always straightforward. In particular, some of the interviewees in the Province of Bolzano expressed concern about the way in which environmental information can be obtained. One interviewee affirmed that obtaining such information can be difficult because sometimes (i.) the administration is concerned about giving out environmental information because they do not know what citizens will do with the data; (ii.) the administration does not have the information citizens are looking for; (iii.) the
2.2.2 Voluntary Information Mechanisms
Following the prescription of the regulatory framework on environmental information, both Provinces launched information campaigns on environmental issues. Their respective environmental agencies (appa Trento and appa Bolzano) committed to share and promote environmental information and activate communication initiatives.
The interviews conducted clarified that in the Province of Bolzano the communication strategies implemented by the appa Bolzano vary according to sector (water, mobility, energy, etc.) and are mainly provided through both traditional and online channels, such as the Agency’s website.76
In both the transport and energy sectors, climate change awareness campaigns were launched by the administration to reach as many citizens as possible.77 The “Green Mobility” project is the main initiative implemented by the Province of Bolzano, together with sta – Strutture Trasporto Alto Adige SpA/Südtiroler Transportstrukturen ag, on sustainable mobility.78 It is a good example of the Province’s communication and information campaign on climate change.79 The project encompasses different actions, such as a collaboration with electric car producers to offer the opportunity to citizens to test electric cars, or the involvement in the European project LIFEalps launched in 2019 with the aim of transforming South Tyrol into a model region for zero-emission mobility in the Alps,80 also through the development of the campaign hashtag #mobilitygreen.81 This set of initiatives, all under the umbrella of the Green Mobility project, is supported by a strong communication campaign conducted mainly via websites and social media. Traditional information channels are
With regard to the energy sector, one of the interviewees reported that the Internet is the main source of environmental information, since the “informative evenings” organized by ComuneClima at the municipal level were cancelled because of the Covid 19 pandemic.82 It was also highlighted that an information desk for municipalities and public administrations was introduced in March 2020, which provides all information services regarding technical advice, incentives and related energy saving information in a single location. Among the information available to citizens, we can find a co2 online calculator, which allows people to understand the ecological impact of their actions and lifestyle. The respondent also stated that much information is available on the Klimaland website, which is a good example of a communication strategy designed specifically to inform citizens.83
In the Province of Trento, information campaigns on climate change also vary according to the policy sector and there is no unified communication strategy, as various interviewees pointed out.84 Instruments for informing citizens and civil society groups on issues related to climate change range from traditional campaigns in newspapers, radio and local television to more innovative social media campaigns or online platforms. The Climatrentino website was set up by the Province and appa Trento to collect all possible information on sustainability and climate change. As mentioned by the interviewees, this website was developed in collaboration with academic and scientific actors in the Province (the University of Trento, Fondazione Edmund Mach, Fondazione Bruno Kessler, muse – Science Museum), to make various educational and informative documents on climate change available to the public.85
With regard to information campaigns targeted at young people (under 30) on climate change, as already seen for the Länder Tyrol and Vorarlberg, both Provinces made greater use of new information channels, in particular social media. Schools were also the target of various information campaigns. appa Trento has provided a catalogue of teaching materials on climate and
3 Participation and Climate Change Integration
3.1 Participation in Tyrol and Vorarlberg
3.1.1 Binding Participation
Legal participation rights in Tyrol and Vorarlberg fall into three groups: rights to submit comments on policies, rights to advise the government in dedicated advisory bodies, and rights to judicial review.
The Vorarlberg Spatial Planning Act grants every citizen the right to submit comments on regional spatial plans, environmental reports, land development and zoning plans within at least four weeks after adoption of the draft.88 In Tyrol, the Chambers of Labor, Commerce and Agriculture, the Chamber of Civil Engineers for Tyrol and Vorarlberg, and, depending on the geographical scope, the association of municipalities, individual municipalities, or planning associations have the right to submit comments on spatial development plans within two months after adoption of the draft. Principal residents or businesses owning real estate or a company in the municipality can submit comments if the plans include certain measures listed in the law.89 According to the Roads Act in Vorarlberg,90 any community citizen or property owner can suggest changes in writing or orally in the municipal office to draft road and path concepts and their amendments within at least four weeks after adoption of the draft. In Tyrol, the public can comment on draft strategic environmental noise maps or action plans within six weeks after adoption of the draft. The government must summarily review the comments submitted and inform the public of their consideration, particularly on the Internet.91
In spatial planning and nature conservation, the legislation of the two Länder establishes advisory bodies whose function is required by law in certain cases. These advisory councils consist of the Chambers of Labor, Commerce and Agriculture, the Chamber of Civil Engineers for Tyrol and Vorarlberg and
The implementation of the Aarhus Convention in 201993 has strengthened the participation of environmental organizations recognized by the Federal Ministry94 at both the federal and the subnational level. In both Länder recognized environmental organizations have the right to procedural participation in nature impact assessment procedures. They can submit a written statement, inspect the files within four weeks after publication and have the right to appeal to the Administrative Court in nature impact assessment procedures or in cases of exemptions under the Habitats Directive95 and the Birds Directive.96 Finally, they have rights to seek judicial review in authorization procedures related to protected areas.
Federal law regulates environmental impact assessments97 and gives neighbors and recognized environmental organizations status as a qualified affected party when they submit objections. Two hundred citizens can gain party status if they submit a joint statement. Environmental organizations, neighbors and citizens’ initiatives with party status can request judicial review. In contrast, individual citizens who are not neighbors can only become stakeholders in the proceedings and therefore inspect files, but cannot file complaints with the courts.
The Bund involves stakeholders in the development of the national water management plan and gives every citizen the opportunity to comment on the
3.1.2 Voluntary Participation
Consultative Participation
Consistent with the institutional culture reflected in law, a look at the practice of voluntary participation in the two Austrian Länder shows that participation is predominantly consultative. Consultation is defined in distinction to deliberation as a request or collection of opinions and expertise, whereas deliberation, as will be explained in more detail in the next section, focuses on the joint process of understanding and its transformative potential.
In Tyrol, stakeholders and interest groups were involved in the creation of the spatial development plan “LebensRaum Tirol – Agenda 2030”,102 the 2011 criteria catalog for the further use of hydropower103 and the Tyrol 2050 energy autonomy initiative104 by way of written consultation and workshops. A particularly inclusive example is the Sustainability and Climate Strategy.105 In the first phase of strategy development, the administration gathered input through workshops with a broad range of stakeholders and a public online survey. Further stakeholder workshops on thematic priorities followed. Citizens could comment on the draft strategy online. The project team summarized the comments and included them in the final strategy, which was adopted in 2021.106 An annual exchange with selected stakeholders serves to jointly evaluate the progress of implementation.107
Policymakers involved economic interest groups and businesses in the preparation of the freight transport concept109 via three thematic working groups, a conference and two advisory sounding boards.110 Prior to the development of the Energy Autonomy + Strategy in 2021, the public administration organized workshops with experts, representatives of ngos and stakeholders from civil society, as well as a public online consultation. The collected statements were thematically clustered, evaluated and integrated into a final paper,111 which outlined how input was integrated into the final strategy.
After a consultation within the administration, two-hundred-and-fifty participants from a broad range of sectors and organizations contributed to the second draft of the spatial planning strategy of Vorarlberg “Raumbild 2030”112 during an interactive conference. The project team evaluated the results and integrated them into the third draft. Subsequently, stakeholders and interested citizens participated through a day of action at a festival and spatial vision walks across the Land, an online survey with one-hundred-and-thirteen participants, and a written review process. The project team published a report on how it incorporated the feedback into the strategy.113
Deliberative Participation
The goal of deliberative processes is not participation itself, but the creation of effective decisions supported by all. To achieve these decisions, discussion processes take place in which all actors involved exchange their views rationally and with the help of argumentative justifications.117 At the end of these discussion processes, all participants should jointly agree on a result that embeds the diverse particular interests in a greater common good.118
Deliberative formats that envision transformative processes of shared opinion formation are less common than consultative formats, which provide the opportunity to contribute opinions and expertise in the two Länder. The anticipatory adaptation that climate change requires of societies involves scientific uncertainty and spans long time periods. This complicates the problem-solving capacity of participation, as citizens must consider these uncertainties and long time frames in their decisions. Deliberation offers a possibility to reach an understanding even across complex contexts and uncertainties, because the process of understanding is in the foreground. Greater scope for deliberative participation in identifying issues and effectively implementing policies
Vorarlberg has a long tradition of participation. In 1999, the Land established the Office for Future Issues, today the Office for Voluntary Engagement and Participation. As a staff unit, it initiates, supports and coordinates participatory processes in administrations and municipalities.120 Since 2013, Vorarlberg has committed via article 1(4) of its Constitution “to direct democracy in the form of initiatives, referendums and public consultations and also promotes other forms of participatory democracy”.
In 2006, the Office for Voluntary Engagement and Participation adapted the “Wisdom Council” developed in the USA,121 as a Citizens’ Council for Vorarlberg. The government adopted a Directive on the Citizens’ Council.122 According to the Directive, the Citizens’ Council aims to develop broadly accepted, joint solutions to difficult, complex issues affecting the common good. It can be initiated at the request of the government, the parliament or at least one thousand citizens. In the Councils, between twelve and sixteen randomly selected citizens discuss specific topics. The Citizens’ Council is neither guided nor steered. Professional facilitators accompany the process using the solution-oriented method “Dynamic Facilitation”, which focuses on the free expression of all participants. Experts may be consulted. The results are summarized in a unanimous report and presented in a “Citizens’ Café”, a public event with citizens and relevant representatives from politics, administration, interest groups and experts. Subsequently, a resonance group consisting of responsible representatives of the political executive and legislative branches as well as public officials from the departments concerned examines the feasibility of the proposals.123 The proposals are not formulated as concrete legal acts, but as goals and measures. Proposals that affect Land legislation or administration are forwarded to the parliament and addressed by the government, which
In 2020, citizens initiated a Citizens’ Council on Vorarlberg’s climate future. It was the 12th Land-wide council and the third initiated by citizens.124 Along with workshops with stakeholders and experts, a further Citizens’ Council initiated by the public administration125 contributed to the development of the mobility concept in 2019.126 Ten workshops, the engagement of about 100 experts, and specially established regional Citizens’ Councils contributed to the first phase of the Energy Autonomy Strategy,127 which was adopted in 2009. Annual stakeholder consultations, which include sectoral experts, support the implementation of the program.128
Impact analyses in Vorarlberg show that the influence of Citizens’ Councils is difficult to grasp and hardly any direct decisions and measures result from their recommendations. Citizens’ Councils primarily fulfil a legitimization function by increasing citizens’ backing and acceptance of political decisions129 and their will to engage, as well as by changing personal attitudes to an issue.130 Since these effects apply to a relatively small number of citizens, the Land Vorarlberg financially supports information events on participatory practices in the Long Night of Participation “LaNaP”.131 As part of the “Energy Autonomy” program, the Land provides financial support for citizen participation in sustainable energy generation and mobility projects.132
Participation of Young People and Online Participation
Engaging young people, who are particularly affected by climate change, remains a challenge. Since stakeholder processes address organized groups, the movement groups of Fridays for Future represent a way to engage people under 30. Respondents see a certain agenda-setting power of Fridays for Future.137 According to a public official in Tyrol, the political decision to renew the Sustainability and Climate Strategy also originated in a meeting between the political representatives responsible and local Fridays for Future groups.138
Administration and civil society in Tyrol see social media and online platforms as helpful, but still underdeveloped tools to engage young people.139 While in Tyrol, sporadic online consultations gather input and feedback, Vorarlberg uses digital tools more regularly. This practice was reinforced during the Covid-19 pandemic.140 The Department of Spatial Planning and the Office
3.2 Participation in the Autonomous Provinces of Trento and Bolzano
3.2.1 Binding Participation Procedures
Regarding the right to environmental information, the implementation of the Aarhus Convention in the Italian legal framework has played a central role in enhancing the possibilities for the public to participate in environmental decision-making processes.142 Among the instruments that citizens have at their disposal for getting involved in the development of climate change policies, interviewees first referred to the possibilities to interact with communal or provincial councilors, who act as intermediaries in the dialogue with the governing bodies: these interactions include inquiries, consultations, motions and citizens’ initiatives.143 Citizens can also undertake petitions on specific environmental issues, which are partly linked to climate change.144
It is important to underline that these instruments, normally treated as means that enable citizen participation, cannot be considered as tools of what has been defined as deliberative participation in the previous section.145 Consultations, citizens’ initiatives and petitions are primarily intended as a means to obtain information or share opinions. They do not aim at including the opinions expressed by citizens in a deliberative process on the basis of
In the context of these more traditional participation instruments, the Province of Trento offers an interesting example of a citizens’ initiative. The latter was also mentioned by some of the interviewees.146 In 2014, the citizens’ initiative law on sustainable mobility147 was put forward by some of the main environmental stakeholders present in the Province through a highly participated signature collection.148 The draft law contained twenty-two articles developed by drawing on good practices introduced in other alpine municipalities. In 2017 the draft law reached the Environment Committee (Commissione Ambiente), first, and the Provincial Council, second, to be discussed for final adoption. However, as reported by the interviewees in the report, the citizens’ initiative bill clashed with the regulatory measures being developed at the same time by the provincial government and a dialogue with the administration was initiated to find a compromise, though in the end this was not achieved. In fact, the main measures foreseen in the bill drafted by the citizens were an increase in the provincial budget for the sustainable transport sector and the launch of a citizens’ assembly on sustainable mobility, neither of which were actually implemented.149
The main binding mechanisms provided by the Provinces of Trento and Bolzano to involve the public and civil society groups in environmental decision-making are the environmental impact assessment (hereinafter Valutazione di Impatto Ambientale or via) and strategic environmental assessment (hereinafter Valutazione Ambientale Strategica or vas).150 via is a procedure aimed at identifying, describing and assessing impacts on the environment and cultural heritage of a project, while the vas is a similar process whose goal is to include environmental reasoning in the preparation of strategic documents and plans to verify their environmental impact. Both
Another experience worth mentioning is that of the consultative process activated by the Autonomous Province of Trento in the energy policy field, in particular with regard to the adoption of the Provincial environmental energy plan (Piano energetico ambientale provinciale – peap).155 For the approval of this strategic document on energy matters, the consultation phase is mandatory and was implemented between March and April 2021, with a series of meetings for specific categories of stakeholders, however excluding ordinary citizens. Comments raised at the meetings were taken into account in the final adoption of the peap.156
3.2.2
Beyond the more traditional ways of involving the public, most of the processes to engage citizens in environmental decision-making do not consist of institutionally regulated or compulsory procedures, but are spontaneous initiatives launched by the administrations that envisage a consensual and deliberative type of participation.157 Neither of the two provinces has a long tradition of deliberative citizens’ involvement in decision-making akin to Vorarlberg’s, but both provinces have made some efforts in recent years to initiate innovative processes on the model of more active Italian regions such as Tuscany and Emilia Romagna.158 One main participatory process in the policy field of climate change for each of the two provinces can serve as an example.
In 2020, the Province of Bolzano started the revision of the existing Climate Plan (elaborated in 2011), with the aim of drafting – in the most participatory way possible – a climate strategy that contains sustainability objectives to be achieved by 2050.
In a first phase, the Provincial institutions and the Environment and Climate Protection Agency curated the draft of a new version of the Climate Plan. This work resulted in a document composed of one hundred measures, which were divided into six macro-areas: energy supply and intelligent energy management, rational and intelligent use of energy, redevelopment of buildings and construction, use of renewable energy, general prevention measures in climate protection, innovation and know-how transfer. Subsequently, the participation phase was opened. Every citizen could share comments, opinions, and ideas on the draft of the Climate Plan until 31 December 2021 through the portal
As reported by the interviewees,164 the most relevant participatory process related to climate change in the Province of Trento is the involvement of the population in the definition of the provincial Sustainable Development Strategy (hereinafter Strategia provinciale per lo Sviluppo Sostenibile or SproSS).165 Since the earliest stages of the drafting of the SproSS, the Province promoted the widest and most cross-cutting participation possible.
The first step of the process was to involve young people and students. During the period February-May 2020, partly in person and partly through participatory workshops, the Province collected 200 contributions in meetings with students at secondary schools and the University of Trento. The public administration made the contributions available on the agenda2030 website and included them in the SproSS preliminary document. The second step was to collect experts’ opinions through the Delphi Survey tool, a method of expert consultation based on mutual anonymity and structured on several rounds of interaction to define the provincial sustainability objectives. After that, the Province published the SproSS Preliminary Document on the website agenda2030 together with videos and fact sheets for each of the five strategic areas identified in the document: i.e. Smarter Trentino; Greener Trentino; More Social Trentino; More Connected Trentino; Closer Trentino to Citizens, to which 20 provincial sustainability priority objectives have been allocated. All citizens, by accessing the website, could fill in an online questionnaire to indicate their satisfaction and their observations.166 Finally,
Numerous efforts have been put in place also at local level in order to involve different stakeholders in mitigation and adaptation to climate change. One example of these initiatives is the experience of the European Covenant of Mayors.168 Through their participation in this initiative launched in 2008, local authorities can join Europe’s largest movement for local climate and energy action. This network of municipalities is committed to achieving emissions reduction targets to tackle climate change, including through the participatory involvement of citizens. Several municipalities in the Provinces of Trento and Bolzano have joined this initiative.169
Despite the efforts put in place by both Provinces to strengthen the role of citizens in decision-making processes related to climate change, interviewees criticized the way in which citizens’ opinions are taken into account in the political sphere and the effectiveness of the processes put in place. In particular, this refers to the degree of participatory culture in the provinces and whether there is sufficient knowledge to guarantee participatory processes in which citizens can make a real contribution to political decisions on climate change.170
4
The observations presented allow us to draw three groups of conclusions. First, institutions matter: the case studies – i.e. the Länder Tyrol and Vorarlberg and the two Autonomous Provinces Trentino and South Tyrol – show that political and institutional cultures influence information and participation practices. While established practices are perpetuated, dedicated institutions create expertise, awareness and acceptance. The participatory, direct-democratic culture and institutional structures dedicated to participation lead to a stronger use of participatory practices in Vorarlberg. In contrast, Tyrol, and the Autonomous Provinces of Trento and Bolzano, lack a culture of participation at the institutional level, which is why the participatory involvement of citizens in decision-making is not as widespread as in Vorarlberg. Voluntary mechanisms lack institutional binding force, but are often necessary due to the absence of legal obligations. Until mandatory mechanisms are fully developed, voluntary information and participation play a key role. The future will show to what extent the expansion of binding, and especially proactive information mechanisms and binding participation rights, will gradually replace voluntary practices.
Second, participatory practices in the subnational entities studied mainly serve to strengthen legitimacy and acceptance by hearing stakeholders’ opinions and raising public awareness through consultations, while shared decision-making is not an explicit objective. Policymakers, through their gatekeeping role, determine participants, formats, and the extent to which contributions find their way into decisions, and thus have power over the outcome. Due to efficiency reasons and network effects, established actors with strong links to politics and administration are more likely to participate than informal groups or citizens. Social movements such as Fridays for Future can be a gateway to institutional participation for young people. Online participation is easily accessible but limited to soliciting opinions and constrained by informational asymmetries. Citizens’ Councils in Vorarlberg also aim to motivate citizen engagement and transform attitudes, but on a small scale due to the small number of citizens involved.
Third, information and participation have their limits in the complex field of climate change policy. Even for climate experts, it is difficult to understand the interrelationships involved and derive recommendations for action. This is not a reason to neglect information and participation, but an argument to improve their quality. The mere expansion of information access often leads to data overload. Therefore, the dissemination of target group-specific information is crucial. Deliberative formats that focus on transformative processes
The opinions expressed in this contribution are the authors’ alone. The contribution was submitted in May 2022; later developments were not taken into account.
Bundes-Verfassungsgesetz – b-vg StF: bgbl. No. 1/1930.
A. Forster, “Art. 20 b-vg”, in A. Kahl, L. Khakzadeh, S. Schmid (eds.), Kommentar zum Bundesverfassungsrecht (Jan Sramek Verlag 2021) 444–465, para. 26.
P. Bußjäger, “Der Status quo: Amtsverschwiegenheit und Informationsrecht”, in M. Bertel, E. Happacher and A. Simonati (eds.), Die transparente Verwaltung in Österreich und Italien. Der Zugang zur Information zwischen Grundsätzen und Anwendung (New Academic Press 2019) 43–55, at 45.
VfSlg. 12.838/1991; according to the VfGH article 20(4) b-vg is rather to be seen as a constitutional order to provide for a subjective right of access to state held information at the level of ordinary legislation.
echr (Rome, 4 November 1950, in force 3 September 1953). In its (leading) Magyar Helsinki Bizottsag decision, the ECtHR identified four criteria that are relevant for determining a right of access to information under article 10 echr. These include the purpose of the information request, the nature of the information sought, the role of the applicant, the existence of ready and available information. See further ECtHR 8 November 2016, Magyar Helsinki Bizottság v. Hungary, Application No. 18.030/11, paras. 158ff.; see also F. Koppensteiner, “Unionsrechtliches Dokumentenzugangsrecht und staatliche Informationsfreiheit: Zwei Parallelen, die sich niemals treffen?”, Die Öffentliche Verwaltung, 1 (2022) 21–28, at 22.
Article 20(3) b-vg reads as follows: “All functionaries entrusted with federal, provincial and municipal administrative duties as well as the functionaries of other public law corporate bodies are, save as otherwise provided by law, pledged to confidentiality about all facts of which they have obtained knowledge exclusively from their official activity and which have to be kept confidential in the interest of the maintenance of public peace, order and security, of comprehensive national defense, of external relations, in the interest of a public law corporate body, for the preparation of a ruling or in the preponderant interest of the parties involved (official confidentiality)”. The grounds for official secrecy – i.e., “maintenance of public peace, order and security” and the like – are to be interpreted in the light of article 10(2) echr.
R. Feik, “Art. 20(3) b-vg”, in B. Kneihs and G. Lienbacher (eds.), Rill-Schäffer-Kommentar Bundesverfassungsrecht (Verlag Österreich 2007), para. 5.
P. Bußjäger and J.A. Egger, “Verfassungs- und verwaltungsrechtliche Grundlagen staatlicher Krisenkommunikation”, Österreichische Juristen-Zeitung, 8 (2021) 63–71, at 66.
Auskunftspflichtgesetz StF: bgbl. No. 287/1987.
Auskunftspflicht-Grundsatzgesetz StF: bgbl. No. 286/1987.
Tiroler Auskunftspflichtgesetz StF: lgbl. No. 4/1989, § 4.
Auskunftsgesetz (Vorarlberg) StF: lgbl. No. 17/1989, § 3 and 4.
Directive 2003/4/ec of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/eec, oj l 041, 14.02.2003, 26–32.
United Nations Economic Commission for Europe (unece) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, adopted at Aarhus, Denmark on 25 June 1998, entered into force 30 October 2001, ece/cep/43 (also referred to as Aarhus Convention).
See article 2(1) of the Directive 2003/4/ec.
Umweltinformationsgesetz – uig StF: bgbl. No. 495/1993.
See e.g. Landes-Umweltinformationsgesetz (Vorarlberg) – L-uig StF: lgbl. No. 56/2005 and Tiroler Umweltinformationsgesetz 2005 – tuig 2005 StF: lgbl. No. 89/2005.
Concerning “public watchdogs” see also ECtHR 8 November 2016, Magyar Helsinki Bizottság v. Hungary, Application No. 18.030/11, marginal No. 165 et seq.
See
The responsible state actors are e.g. the legislative bodies, the administrative bodies including the bodies entrusted with the management of federal administration and state administration business, the bodies of ordinary jurisdiction, etc.; see also § 4 of the draft Freedom of Information Act.
Information of general interest is defined in § 2(2) of the draft Freedom of Information Act as “information that concerns or is relevant to a general group of persons, in particular studies, expert opinions, statements and contracts with an object value of at least 100,000 euros”.
F. Lehne and P. Weismann, “Auf dem Weg zur Informationsfreiheit?”, Österreichische Juristen-Zeitung, 22 (2021) 1022–1029, at 1025.
F. Koppensteiner, “Transparenz im Unionsrecht, ein Überblick”, in M. Bertel et al. (eds.), Die transparente Verwaltung, supra, 1–39, at 17ff.
ECtHR 19 February 1998, Guerra and others v. Italy, Application No. 116/1996/735/932.
Tiroler Landesordnung 1989 StF: lgbl. No. 61/1988.
P. Bußjäger and J.A. Egger, “Verfassungs- und verwaltungsrechtliche Grundlagen”, supra, at 69.
Landesverfassung (Vorarlberg) StF: lgbl. No. 9/1999.
See § 9(2) uig.
Supra note 17.
Supra note 17.
See Wasserrechtsgesetz 1959 – wrg. 1959. StF: bgbl. No. 215/1959, § 55(c) und 55(h).
See § 53 wrg. 1959.
See Tiroler Raumordnungsgesetz 2016 – trog 2016 StF: lgbl. No. 101/2016, § 12; Gesetz über die Raumplanung (Vorarlberg) StF: lgbl. No. 39/1996, § 11.
Leben mit Zukunft. Tiroler Nachhaltigkeits- und Klimastrategie, Innsbruck, September 2021; see also
Ibid., at 5.
The strategy identifies six fields of action that include the areas of energy and climate protection, mobility and infrastructure, buildings and regional planning, economy and regional development, climate change adaptation and, finally, state administration as a role model.
Tiroler Energiemonitoring 2019. Statusbericht zur Umsetzung der Tiroler Energiestrategie, (Land Tirol 2020); see also
Klimafortschrittsbericht Tirol 2021, (Land Tirol 2021).
Strategie Energieautonomie + 2030. Klimaschutz in Vorarlberg umsetzen, (Land Vorarlberg 2021); see also
See
See
See
See
IntT_04.
See
See
See
See
In this specific regard, see point 3.14 “Awareness-building” in the table of measures of the climate progress report, which offers an overview of the internal and external information initiatives and projects; supra note 39.
See
See
See
See
See
IntV_03; IntV_07.
See for Tyrol
See e.g. a temporary social media campaign, entitled “Tirol schaut aufs Klima”, which was launched in June 2021 with the purpose of informing on climate-change related projects, initiatives and topics through short videos and to encourage target groups to engage sharing best-practice examples and tips:
IntV_06; IntV_07.
Corte Cost. 420/1994; on this V. Sarcone, “Alcune considerazioni in merito al diritto all’informazione pubblica”, Rivista Trimestrale di Scienza dell’amministrazione, 1 (2004) 63ff.
Article 22 l. 241/1990, “Nuove norme in materia di procedimento amministrativo e di diritto di accesso ai documenti amministrativi”.
On this see S. Cassese et al., P.A.: trasparenza amministrativa e accesso agli atti (Ipsoa 2018); C. Cudia, “Trasparenza amministrativa e pretesa del cittadino all’informazione”, Diritto Pubblico, 1 (2007) 99–154, at 121ff.
See supra section 2.1.
Art. 40 D.lgs. 33/2013 “Riordino della disciplina riguardante il diritto di accesso civico e gli obblighi di pubblicità, trasparenza e diffusione di informazioni da parte delle pubbliche amministrazioni”.
D.lgs. 195/2005 “Attuazione della direttiva 2003/4/CE sull’accesso del pubblico all’informazione ambientale”.
See F. Fonderico, “Il diritto di accesso all’informazione ambientale”, Giornale di diritto amministrativo, 6 (2006) 675–685, at 676; see also N. Brutti, Il diritto all’informazione ambientale. Profili comparatistici (Giappichelli 2005), at 63ff.
L. P. 4/2014 “Disposizioni riguardanti gli obblighi di pubblicità, trasparenza e diffusione di informazioni e modificazione della legge provinciale 28 marzo 2013, n. 5”.
Approved by the Provincial Council with resolution No. 95/2020.
See
See
See supra notes 64 and 65.
dpp 4/2020 “Regolamento sull’esercizio del diritto di accesso nonché dei diritti derivanti dagli obblighi di pubblicità, trasparenza e diffusione di informazioni delle pubbliche amministrazioni”.
See
IntBZ_04.
IntTN_10.
See N. Bertuzzi et al. (eds.), Interview Report Bolzano, Trento, Vorarlberg and Tyrol (2021) and
IntBZ_05.
See
IntBZ_05.
See
IntBZ_05.
IntBZ_08.
See
See N. Bertuzzi et al. (eds.), Interview Report, supra.
Among these: “Previsioni e conseguenze dei cambiamenti climatici in Trentino” (2008); Temperature and precipitation report “Analisi di serie di temperatura e precipitazione in Trentino nel periodo 1958–2010” (2012); Climate Map of Trentino (presented at a conference organised in 2017 by the Osservatorio entitled “Dalle temperature ai ghiacciai: la ricerca racconta la storia di un clima che cambia” as reported by IntTN_07.
See
IntTN_11; IntBZ_09.
Raumplanungsgesetz (Vorarlberg) StF: lgbl. No. 39/1996, §§ 6, 11, 21, 29.
Tiroler Raumordnungsgesetz 2016 – trog 2016 StF: lgbl. No. 101/2016, § 9 (1–3).
Straßengesetz (Vorarlberg) StF: lgbl. No. 79/2012, § 16.
Tiroler Straßengesetz StF: lgbl. No. 13/1989, § 74i(1) and (3).
Tiroler Naturschutzgesetz 2005 – TNSchG 2005 StF: lgbl. No. 26/2005, § 35; Gesetz über Naturschutz und Landschaftsentwicklung StF: lgbl. No. 22/1997, § 52; Raumplanungsgesetz (Vorarlberg), § 4; Tiroler Raumordnungsgesetz, § 18.
Gesetz vom 19. Dezember 2019, mit dem das Tiroler Naturschutzgesetz 2005, das Tiroler Jagdgesetz 2004 und das Tiroler Fischereigesetz 2002 geändert werden (Tiroler Aarhus-Beteiligungsgesetz 2019) StF: lgbl. No. 163/2019; Gesetz über Beteiligung im Naturschutz-, Jagd- und Fischereirecht (Aarhus-Beteiligungsgesetz) – Sammelnovelle StF: lgbl. No. 67/2019.
Umweltverträglichkeitsprüfungsgesetz 2000 – uvp-G 2000 StF: bgbl. No. 697/1993, § 19(6)-(9).
Council Directive 92/43/eec of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, oj l 206/1992, 7–50.
Directive 2009/147/ec of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, oj l 20, 26.1.2010, 7–25.
§ 19 uvp-G 2000.
§ 55m wrg. 1959.
§ 102(2) wrg. 1959.
Immissionsschutzgesetz – Luft, ig-l StF: bgbl. I No. 115/1997, § 9a(1a) and (11)-(13).
Emissionsgesetz-Luft 2018 – eg-l 2018 StF: bgbl. I No. 75/2018, § 6(6)-(10).
LebensRaum Tirol. Agenda 2030. Raumordnungsplan (Innsbruck, April 2019).
Wasserkraft in Tirol. Kriterienkatalog. Kriterien für die weitere Nutzung der Wasserkraft in Tirol (Innsbruck, März 2011).
Tirol energieautonom 2050,
Leben mit Zukunft. Tiroler Nachhaltigkeits- und Klimastrategie (Innsbruck, September 2021).
IntT_02; IntT_04; IntT_06; IntT_07.
IntT_07.
IntV_07.
Amt der Vorarlberger Landesregierung, Güterverkehrskonzept Vorarlberg;
The “Sounding Board” (the English term is used as the official designation in German) is a broad resonance group with representatives from business, administration, municipalities and regions. The term originates from change management, where a sounding board accompanies change processes in an advisory capacity.
IntV_03; IntV_07.
Raumbild Vorarlberg 2030. Zukunft Raum geben (Bregenz, April 2019).
W. Pfefferkorn, Raumbildung Vorarlberg 2030. Rückmeldungen aus dem Beteiligungsprozess und ihre Berücksichtigung im Raumbild-Text. Zusammenfassung (Rosinak & Partner 2019), at 2.
InT_06.
IntV_06.
IntV_07.
See J. Habermas, Faktizität und Geltung. Beiträge zur Diskurstheorie des Rechts und des demokratischen Rechtsstaates (Suhrkamp 1992); J. Bohman and W. Rehg (eds.), Deliberative Democracy. Essays on Reason and Politics (mit Press 1997).
D. Miller, “Deliberative Democracy and Social Choice”, Political Studies, 40 (1992) 54–67, at 54.
R. Few, K. Brown and E.L. Tompkins, “Public Participation and Climate Change Adaptation: Avoiding the Illusion of Inclusion”, Climate Policy, 7 (1/2007) 46–59, at 55.
IntV_03.
H. Asenbaum, “Facilitating Inclusion: Austrian Wisdom Councils as Democratic Innovation between Consensus and Diversity”, Journal of Public Deliberation, 12(2) (2016).
Richtlinie der Vorarlberger Landesregierung zur Einberufung und Durchführung von Bürgerräten,
Amt der Vorarlberger Landesregierung, Was ist ein Bürgerrat?,
Amt der Vorarlberger Landesregierung, Bürgerrat: Klima-Zukunft,
IntV_05.
Mobilitätskonzept Vorarlberg 2019 (Bregenz, July 2019), at 5.
IntV_07.
IntV_06.
L. Weiß, Partizipation im Kontext nachhaltiger Stadt- und Regionalentwicklung. Eine Wirkungsforschung am Beispiel der BürgerInnen-Räte in Vorarlberg, Master’s thesis (University of Innsbruck 2019); M. Hellrigl, “Bürgerräte in Vorarlberg”, in P. Bußjäger, A. Balthasar and N. Sonntag (eds.), Direkte Demokratie im Diskurs: Beiträge zur Reform der Demokratie in Österreich (New Academic Press 2014) 163–168.
K. Toth, Public Participation, Sustainability and Environmental Awareness. Case Study of the Effect of Wisdom Councils on Participants in the Region Bregenzerwald, Master’s thesis (University of Copenhagen 2017); D. Oppold, Effekte deliberativer Demokratie am Beispiel der Bürgerräte in Vorarlberg, Master’s thesis (University of Konstanz 2016).
Lange Nacht der Partizipation,
BürgerInnenbeteiligung für Klimaschutzprojekte, Förderungsrichtlinie 2021 und 2022,
Amt der Tiroler Landesregierung, Lärmschutz Breitenwang fertig, Probebetrieb für Anzeigetafeln startet (24 October 2018),
Regional Management Wipptal, WippCare mitdenken,
W. Obwexer, “Die Reform der Europaregion Tirol-Südtirol-Trentino: Erste Novellierung der Rechtlichen Grundlagen nach zehn Jahren”, Europäisches Journal für Minderheitenfragen, 3–4 (2021) 373–388, at 373.
EU Strategy for the Alpine Region Youth Council,
IntV_01; IntV_02; IntV_03; IntV_07; IntT_01; IntT_04; IntT_06_civil; IntT_07.
IntT_01; IntT_04; IntT_06; IntT_07.
IntT_02; IntT_06.
IntV_01; IntV_05; IntV_02. By January 2022, citizens contributed to fifteen municipal, eight regional and five Land-wide issues on the platform “Vorarlberg Mitdenken”. In addition, four event-related and fourteen stakeholder-led consultations took place. See also Vorarlberg Mitdenken;
Amt der Vorarlberger Landesregierung, Büro für Freiwilliges Engagement und Beteiligung, Raumwechsel. Ein Inspirationshandbuch für digitale Beteiligung (Bregenz, October 2020),
On the Aahrus Convention see J. Revill et al., The Aarhus Convention: Tools for Compliance and Enforcement from Beyond WMD regimes (unidir 2021), 5–9.
On the characteristics and differences among these democratic tools in the Italian legal framework see: M. Trettel, La democrazia partecipativa negli ordinamenti composti: studio di diritto comparato sull’incidenza della tradizione giuridica nelle democratic innovations (esi 2020), at 67ff.
As reported by IntTN_07.
See section 3.1.2. We can intend as deliberative democratic innovation (or participatory democracy) those “processes or institutions, that are new to a policy issue, policy role, or level of governance, and developed to reimagine and deepen the role of citizens in governance processes by increasing opportunities for participation, deliberation and influence”. Definition provided by S. Elstub and O. Escobar “Defining and Typologizing Democratic Innovations”, in S. Elstub and O. Escobar (eds.), Handbook of Democratic Innovation and Governance (Edward Elgar Publishing 2019) 11–31, at 28.
IntTN_03, IntTN_06, IntTN_10.
Disegno di legge di iniziativa popolare sulla mobilità sostenibile, for more information see:
In particular Mountain Wilderness, Legambiente, wwf and other smaller organizations.
IntTN_06, IntTN_10.
L.P. 19/2013 “Disciplina provinciale della valutazione dell’impatto ambientale. Modificazioni della legislazione in materia di ambiente e territorio e della legge provinciale 15 maggio 2013, n. 9”; l.p. 17/2017 “Valutazione ambientale per piani, programmi e progetti”.
On public participation in the via procedure, see E. Frediani, “Le garanzie partecipative nella valutazione di impatto ambientale: strumenti tradizionali e dibattito pubblico”, Le istituzioni del Federalismo, 3 (2020) 657–678,
Piano di tutela delle acque (resolution No. 516/2021).
Piano di gestione delle acque (rsolution No. 147/2022).
IntBZ_06. See M. Alberton and F. Cittadino, “La tutela dell’ambiente”, in W. Obwexer et al. (eds.), L’impatto dell’Unione europea sull’autonomia legislativa ed amministrativa dell’Alto Adige/Südtirol (esi 2015) 471–514.
See
See arts. 5–6 of d.p.p. 15-68/2006.
See J. Newig, E. Challies and N.W. Jager, “Democratic Innovation and Environmental Governance”, in S. Elstub and O. Escobar (eds.), Handbook of Democratic Innovation and Governance, supra, 324–338.
On this M. Trettel, “Democratic Innovations in (Subnational) Constitution-Making: The Institutionalized Case(s) of the Italian Provinces of Trento and Bolzano”, Innovation: The European Journal of Social Science Research, 34(5) (2021) 782–802; and M. Brunazzo, “Istituzionalizzare la partecipazione? Le leggi sulla partecipazione in Italia”, Le Istituzioni del Federalismo, 3 (2017) 837–864.
See
See
IntBZ_07; IntBZ_12.
Piano Clima, Energia – Alto Adige 2050, as amended by Piano clima Alto Adige 2040, available here:
See
IntTN_04 and IntTN_07.
See
The online questionnaire was completed by 330 citizens. The area that registered most interest was Trentino + green (37%) followed by + intelligent (27%) and + social (20%), while at the bottom were the areas + connected and + close to citizens (8% for both). The five most commented objectives were: emission reductions, biodiversity, territorial security, water and sustainable tourism. Citizens from all age groups participated in the consultation 29% between 18 and 30 years old, 33% between 30 and 50 years old, 31% between 50 and 65 years old and 7% over 65 years old. See
See Y. Papadopoulos and P. Warin, “Are Innovative, Participatory and Deliberative Procedures in Policy Making Democratic and Effective?”, European Journal of Political Research, 46 (2007) 445–472; and J. Font, S. Pasadas del Amo and G. Smith, “Tracing the Impact of Proposals from Participatory Processes: Methodological Challenges and Substantive Lessons”, Journal of Public Deliberation, 12(1) (2006) 1–25.
As reported by IntBZ_02 and IntBZ_03.
For further details on the municipalities that joined the initiative see:
IntBZ_04; IntBZ_02; IntBZ_11; IntTN_06; IntTN_05; IntTN_03.