Protection Of The Environment In The Constitution Of The Republic Of Croatia

Protection Of The Environment In The Constitution Of The Republic Of Croatia Presented by: Prof. Dr. Staničić Date: 28 August 2024 Obligations Of The State Regarding Healthy Environment? - In order to achieve the right to a healthy environment, one needs a healthy habitat for humans, which means clean water air, soil free from toxins or risks that endanger human health. This is why the right to a healthy environment is linked with the following obligation of the state: - 1. Refrain from any direct or indirect interference with the enjoyment of right to a healthy environment: - 2. Preventing third parties such as corporations from interfering with the enjoyment of the right to a healthy environment, and - 3. The adoption of the necessary measures to full realization of the right to a healthy environment is achieved Constitutional Setup - Constitutional provisions, which are the basis for shaping the framework and content of environmental law in the Republic of Croatia, determine: • (1) the right to a healthy life: • (2) the obligation of the State to ensure a healthy environment; • (3) the commitment of all, within the scope of their powers and activities, to pay special attention to the protection of human health, nature and human environment; • (4) the provision of special protection to all things and goods of special ecological significance which are of interest for the Republic of Croatia; • (5) the possibility of restricting entrepreneurial freedoms and property rights for the protection of nature, environment and human health Article 69 - "Everyone shall have the right to a healthy life. - The State shall ensure conditions for a healthy environment. - Everyone shall within the scope of their powers and activities, pa, special attention to the protection of human health, mature and the human environment." Article 3 - “Freedom, equal rights, national and gender equality, peacemaking, social justice, respect for human rights, inviolability of ownership, conservation of nature and the environment, the rule of law and a democratic multiparty system are the highest values of the constitutional order of the Republic of Croatia and the basis for interpreting the Constitution.” Article 52 Para 2 - "The sea, seashore, islands, waters, air space, mineral resources, and other natural resources, as well as land, forests, flora and fauna, other components of the natural environment, real estate and items of particular cultural, historical, economic on ecological significance which are specified by law to be of interest to the Republic of Croatia shall enjoy its special protection." Article 129a Para 1 - “Units of local self-government shall administer airs of a local nature by which the needs of citizens are directly fulfilled, and in particular affairs related to the organization of localities and housing, zoning and urban planning, public utilities, child care, social welfare, primary health services, early and primary education, culture, physical education and sports, technical culture, consumer protection, protection and improvement of the environment, fire protection and civil defense.” Article 50 Para 2 - “Free enterprise and proprietary rights may be exceptionally restricted by law for the purposes of protecting the interests and security of the Republic of Croatia, nature and the human environment and human health” Does The Constitution Guarantee The Right To A Healthy Environment? - Croatian Constitution does not explicitly mention the right to healthy environment. - Article 69 of the Constitution guarantees that everyone shall have the right to a healthy life. - It is the duty of the state to ensure conditions for healthy environment. Constitutional Changes With Regard To Environment - ARTICLE 69 1990 • Everyone shall have the right to a healthy life. • Republic of Croatia shall ensure the right of citizens to a healthy environment. • Citizens, government, public and economic bodies and associations are obliged to pay special attention to the protection of human health, nature and the human environment, within the scope of their powers and activities - ARTICLE 69 AFTER 2010 • Everyone shall have the right to a healthy life. • The state shall ensure conditions for a healthy environment. • Everyone shall, within the scope of his/her powers and activities, accord particular attention to the protection of human health, nature and the human environment. What Article 69 Guarantees? - Croatian legal theory predominantly considers that the right to a healthy environment is protected by the Constitution - The writers of the Constitution placed this right in the corpus of economic, social and cultural rights - One should not mistake the right to a healthy life with right to life (Article 21). - Provisions of Article 69 of the Constitution establishes certain constitutional obligations addressed to the State (paragraph 2) and everyone (paragraph 3), while the provision of Article 69, paragraph 1 of the Constitution relates to the establishment of certain rights addressed to everyone. - The right to a healthy life is a special constitutional expression of a broader right which is labelled the right to a healthy environment. Constitutionally Protected “Goods” - The state provides special protection to certain things and goods. These are: • The sea, seashore, islands, waters, air space, mineral resources, and other natural goods; • Land, forests flora and fauna, other component of nature; • Real estate and goods of particular cultural, historical, economic or ecological significance. - Two groups according to their natural and other features, especially the ability to be the objects of ownership and other real rights. - Common goods (see, air, seashore)-serve everyone and no one Jan dispose of them on any grounds in terms of private law. - Things declared by law as the goods of interest to the state. - If they are declared as such, the state is obliged to prescribe, by law: • Special protection of such things and goods, • The manner in which any resources of interest to the Republic of Croatia may be used and exploited by holders of rights thereto and by their owners, • Compensation for any restrictions as may be imposed thereon. Curtailment Of Constitutional Rights - Free enterprise and proprietary rights may be exceptionally restricted by law for the purposes of protecting the environment and human health. - Property entails obligations. Holders of a proprietary right and its users shall contribute to the common good. - Protective function of property and entrepreneurship - inherent in the pubic interest. Protection Of The Environment And Access Rights - Access to information. - Access to court, right to a fair trial. - The right to access to information is set out in Article 38 para. 4 of the Constitution. - The right to justice or right to access to court is also enshrined in the Constitution in article 29. This right is also enshrined in Articles 18 and 19. para. 2 of the Constitution. - There is no direct link to environmental matters regarding the aforementioned constitutional provisions. - Role of the Constitutional Court. Concluding Remarks - The Constitution does guarantee the right to a healthy environment-but the Court's case law is still pending. - Components of nature and human environment belong to the legal regime of goods of interest to the Republic of Croatia to which special protection must be given. - Protection of nature and human environment are also constitution values that constitute a legitimate reason for restricting property rights and entrepreneurial freedoms. - It is very hard to protect the environment without using the access rights.