Access to information, EU law, Environmental information, Implementation, Ireland, Legal professional privilege, Public authorities
Examines the implementation of Directive 2003/4 in Ireland under the European Communities (Access to Information on the Environment) Regulations 2007 as a case study of the challenges it poses. Considers the scope of the discretion it affords to Member States. Reviews the decision-making of the Irish Commissioner for Environmental Information, including on: (1) the definitions of “environmental information” and “public authority”; (2) the duty of public authorities to create records; (3) charges; and (4) legal professional privilege. Comments on the scope of the Commissioner’s jurisdiction.
(2011) 23(1) Journal of Environmental Law 45-71