Freedom of Association: Bridging the Gap between Fundamental Rights and Collective Public Participation Rights in Environmental Matters

This study explores potential connections between the fundamental freedom of association and public participation rights exercised by environmental associations, with a focus on Article 11 of the European Convention of Human Rights, the 1998 Aarhus Convention and the Charter of Fundamental Rights. Drawing upon the case law of the European Court of Human Rights and the work of the Venice Commission, it discusses two fundamental elements of freedom of association – the right to found an association and the right of the association to conduct activities functional to its statutory aims without interference – in relation to environmental associations and public participation rights. Potential analogies with case law of the European Court of Human Rights relating to activities of trade unions are analysed. The study supports the idea that public participation could be deemed to be an activity inherent in the freedom of association of environmental associations, but whether it is accessory or essential to that freedom may depend on the circumstances. This finding has implications within the legal order of the European Union by means of Article 12 of the Charter and may open the door to reinforcing collective participation rights through human rights remedies