Guarantor of consultation in environmental dialogue

Principle 10 of the 1992 Rio Declaration on Environment and Development, adopted by the UN Conference on the Environment, states:

"The best way to deal with environmental issues is to ensure the participation of all concerned citizens, at the appropriate level. At the national level, every individual must have appropriate access to environmental information held by public authorities, including information on hazardous substances and activities in their communities, and the opportunity to participate in decision-making processes. States should facilitate and encourage public awareness and participation by making information available to the public. Effective access to judicial and administrative action, including redress and remedy, must be ensured."

Since the early 2000s, the French National Commission for Public Debate (CNDP) has recommended that many project owners organize consultations under the aegis of a guarantor it has appointed, although this notion was officially instituted in article 246 of the so-called "Grenelle II" law of July 12, 2010, which mandates the guarantor to "ensure that the consultation enables the public to present its observations and counter-proposals".

Initially, this function was limited to monitoring the procedure and taking note of its progress, but it has evolved to include ensuring that the procedures for providing information are properly implemented and that the public is effectively involved, while also contributing to the process, right up to the opening of the public inquiry.

The guarantor's independence from the various players, his neutrality with regard to the project, plan or program, his legitimacy linked to his appointment by the CNDP (in the majority of cases), an independent administrative institution, his sense of the general interest and of public service, of which he is an occasional collaborator, make him a trusted external third party active in the concertation process to ensure the impartiality of debates and guarantee the smooth running of participatory procedures, making them effective.

His qualities as an observer and mediator (without being a negotiator or conciliator), his advice and support on the methodology to follow will facilitate the management of tense and conflictual situations he may be confronted with.

A summary of the observations and proposals presented, and any changes to the project resulting from the consultation, will be the subject of a final report or assessment, the aim of which is to inform the project owner in his final decision, to enrich it, make it more credible and legitimate; this assessment will be made public.

For projects, plans or programs subject to consultation...