INTRODUCTION

The power of law, as an instrument for expressing people's desires by means of political representatives, has become a source of troubles and controversies, when the aim is to authorise a project or pass a plan affecting environmental matters. In countries like Spain, today the legislative power does not give people any guarantee for participation in the procedures related to authorise infrastructures or industries. The Legislative Chambers have not passed yet a regulation that permits and promotes public participation on subjects as relevant as impacts either on human health or biodiversity. Paradoxically, the institution where the democratic sovereignty is exercised can put obstacles and barriers that hamper a true control and surveillance on laws, which citizenship should carry out in a democratic state. This problem also concerns regulatory compliance according to the Aarhus Convention. Furthermore, The European Union approved a Directive on Environmental Impact Assessment, according to which certain steps and requirements must be fulfilled to guarantee the public participation in procedures whose object is to authorise projects. However, the Spanish legislation has failed to transpose that Directive when Parliaments – in the extent of State and the regional authorities – decide to pass a draft with effects on the environmental issues.

Another controversy relates to the access to jurisdiction. In some states of the EU, Laws passed by the Legislative Chamber can only be annulled by the Constitutional Court, because it is the only one that has the jurisdiction to override laws. The right to appeal a Law in this case is very limited. For instance, in Spain only 50 senators, 50 congressmen, the Ombudsman and the President of government are entitled to impugn a Law. Regional parliaments can also submit an appeal, as long as the Law invades the powers or competencies of their regional authorities. Aarhus Convention, signed by European Union and all the Member States, does not apply to the legislative acts. Nevertheless, it is necessary to distinguish between a project or activity that requires a particular implementation, and a Law that states a general regulation that do not dispose resources and sufficient information related to single projects or plans applying to a smaller area. Public administration, instead, has more means and information, because it knows the places and their needs with more precision.