A Procedural Idea of Environmental Democracy: the 'Débat Public' Paradigm within the EU Framework

Abstract

The aim of this paper is to analyse the 'débat public' procedure, which finds its roots in the Canadian legal system and its most defined formulation in France, and which more recently has been circulating to Italy – first at the regional level and, since 2016, at the national level. The first part of the paper will thus be devoted to a historical overview of the débat public and to how it is implemented in each of the two legal systems. The second part will subsequently distil the 'paradigm', i. e. those distinctive traits that make the débat public an autonomous research subject, within the multi-layered legislative framework of environmental governance in Europe. Three main features of the paradigm will be pointed out (Participation, Effectiveness, Authority), thus highlighting how it can respond to the needs in light of which it has been designed, namely dealing with proximity conflicts and providing a forum for the construction of shared rational decisions in environmental decision-making. The paper eventually leads to the conclusion that the débat public, with its codified rules and procedures, represents the first and probably the most noticeable attempt towards the institutionalisation and generalisation of deliberative practices in environmental decision-making, thus towards developing a procedural stance in environmental democracy.