University:
University College London
Course:
LAWS0025 | Environmental Law
Academic year:

2024
Views:

111

Pages:

4
Author:

Nam B.

Constitutional Framework For The Protection Of Future Generations And The Environment In Slovenia Presented by: Prof. Dr. Sancin Date: 30 August 2024 Constitutional Framework - - Slovenia's relevant constitutional system is composed of: • The Constitution (adopted on 23 December 1991) and • Regulations of a constitutional nature The Constitutional Court significantly contributes to normative development through its relevant jurisprudence in environmental matters. The Right To A Healthy Living Environment (Article 72 Of The Constitution) - The primary constitutional provision relating to the protection of the environment and is regulated in Chapter III on economic and social relations - It provides: • "Everyone has the right in accordance with the law to a healthy living environment. • The state shall promote a healthy living environment. To this end, the conditions and manner in which economic and other activities are pursued shall be established by law. • The law shall establish under which conditions and to what extent a person who has damaged the living environment is obliged to provide compensation. • The protection of animals from cruelty shall be regulated by law." Article 70a (Right to Drinking Water) - Constitutional Act Amending Chapter III of the Constitution of the Republic of Slovenia, which was adopted on 25 November 2016 and entered into force on 25 November 2016 • "Everyone has the right to drinking water. • Water resources shall be a public good managed by the state. • As a priority and in a sustainable manner, water resources shall be used to supply the population with drinking water and water for household use and in this respect shall not be a market commodity. • The supply of the population with drinking water and water for household use shall be ensured by the state directly through self-governing local communities and on a not-for-profit basis." Other Relevant Constitutional Provisions - Article 5 (positive obligation on the part of the State to care for the conservation of natural wealth) - Article 67 (determines the substance of the right to property) - Article 70 (regulates the public good and natural resources) - Article 71 (regulates the protection of land) - Article 73 (regulates the protection of natural resources and cultural heritage) - The Constitutions also provides (article 159, para. 2) that "special ombudsmen for the rights of citizens may also be established by law for particular fields" - until now no special ombudsperson for the "environmental rights" has been established.