The Environment In The Regulation And Jurisdiction In Serbia

Constitutional Framework For The Protection Of Future Generations And The Environment In The Regulation And Jurisdiction In Serbia Presented by: Dr. Savčić Date: 30 August 2024 Constitutional Framework Of Environmental Protection - Constitution Act, 2006 • Right to Healthy Environment • Reason for restriction of some other rights • Competence for environmental matters Laws On Protection Of The Environment In The Republic Of Serbia - Almost 20 laws and 270 by laws - The most important: • Law on Environmental Protection, • Law on Environmental Impact Assessment, • Law on Integrated Pollution Prevention and Control, • Law on Strategic Environmental Assessment • Law on Climate Changes. Crimes Related To The Environment - Particular chapter XXIII of Criminal Code • Environmental pollution (Art 260), Failure to take environmental protection measures (Art. 261), Illegal construction and commissioning of facilities and plants that pollute the environment (Art. 262), Damage to facilities and devices for environmental protection (Art. 263), Environmental damage (Art. 264), Destruction, damage, taking abroad and bringing into Serbia a protected natural asset (Art. 265), Import of dangerous substances into Serbia and illegal processing, disposal and storage of dangerous substances (Art. 266), Illegal construction of nuclear plants (Art. 267), Violation of the right to information on the state of the environment (Art. 268), Killing and abusing animals (Art. 269), Transmission of infectious diseases in animals and plants (Art. 270), Unscrupulous veterinary care (Art. 271), Production of harmful agents for the treatment of animals (Art. 272), Contamination of food and water for food, ie feeding animals (Art. 273), Forest devastation (Art. 274), Forest theft (Art. 275), Illegal hunting (Art. 276) and Illegal fishing (Art. 277). - Weak impact Liability For Environmental Matters In Civil Law - Damage compensation • Actio negatoria • Actio popularis Administrative Framework For The Protection Of Environment - Regulations - Inspection supervision - Of particular relevance: • Impact assessment procedure (mandatory or required) Rights Related To Political Freedoms And Environmental Protection - Right to information (Art. 51) - Freedom of the media (Art. 50) - Freedom of association (Art. 55) - Right to participate in management of public affairs (Art. 53) - Right to petition (Art. 56) - Right to a fair trial (Art. 32) - The United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Arhus Convention), ratified 2009. - The right of everyone to receive environmental information that is held by public authorities - The right to participate in environmental decision-making. - The right to review procedures and to challenge public decisions that have been made without respecting the two aforementioned rights or environmental law in general Actors Of The Formation Of Constitutional Law And Constitutional Jurisdiction - Parliament (National Assembly) - Ministry of Environmental Protection • Environmental Protection Agency - Protector of Citizens (Ombudsman) - Commissioner for Information of Public Importance and Personal Data Protection - Constitutional Court - Ordinary courts Basis Of Fundamental Rights - Art. 74 Healthy Environment • Everyone shall have the right to health environment and the right to timely and full information about the state of environment. Everyone, especially the Republic of Serbia and autonomous provinces, shall be accountable for the protection of environment. Everyone shall be obliged to preserve and improve the environment. - Art. 60 (4,5) .... working conditions - Art. 68 Health Care - Art. 90 Protection of Consumers Regulations On Responsibility - Constitution provides that everyone shall be obliged to preserve and improve the environment, but the Republic of Serbia and autonomous provinces is accountable, for the protection of the environment (Art. 74(2)). Natural Resources - Constitution Act: • Art. 83(2), restriction of entrepreneurship • Art. 85, proprietary rights of foreigners • Art. 87-State assets:  natural resources, goods which are stipulated by the law as goods of public interest and assets used by the bodies of the Republic of Serbia are the state assets. Natural and legal entities may obtain particular rights on particular goods in public use, under the terms and in a manner stipulated by the Law, but utilization of natural resources shall be under the terms and in a manner stipulated by the law. In the same manner is regulated assets of autonomous provinces and local self-government units, method of its utilization and management. • Art. 89, everyone shall be obliged to protect natural rarities and scientific, cultural and historical heritage, as well as goods of public interest in accordance with the Law. • Art. 88, Land  The Law may restrict the models of utilization and management, that is stipulate terms of utilization and management, in order to eliminate the danger of causing damage to environment or prevent violation of rights and legally based interests of other persons. • Art. 97 (1)(9) and 183 (2)(2)  The Republic of Serbia organize and provide for protection and improvement of flora and fauna, while autonomous provinces are competent to regulate the matters of provincial interest in the field of agriculture, water economy, forestry, hunting, fishery, tourism, catering, spas and health resorts, environmental protection, etc. Reference To Sustainable Development - The Constitution Act mentioned it expressis verbis just in the provisions on competence of the Republic of Serbia. • Art 97(1)(9): the Republic of Serbia shall organize and provide for sustainable development, system of protection and improvement of environment, protection and improvement of flora and fauna, production, trade and transport of arms, poisonous, inflammable, explosive, radioactive and other hazardous substances. • Art 183 (2)(2) and 190 (1)(6,7) / provinces and local self-governments have a numerous of delegated competences regarding the environmental matters. Other Values Relevant For The Protection Of The Environment - Special protection of children and maternity - Supporting procreation - Christian culture: Serbian Orthodox Church established a special committee at the Holy Synod that will deal with marriage and family, as well as a committee for bioethics and ecology (2018), Financial Sustainability - Restriction of entrepreneurship and land - Public debt/45% (Law on Budget System, 27e (4)(2) - Green fund - budget fund used to finance all projects related to environmental protection. Protection Of National Assets In The Constitution - Art. 87, • Public assets includes natural resources, goods which stipulated by the Law as good of public interest and assets used by the bodies of the Republic of Serbia, as well as other things and rights, according to the Law. - Law on Public Assets, 2011...2020. • Among those mention in the Art. 87, the Law stipulates rights such are patent, trade mark and other industrial property. As regards natural resources, the Law on Public Assets provides that use of those resources are regulated by special laws. Future Generations As Ratio Legis - Preservation of natural values and cultural heritage for the future generations. - Present generation owe due care to safe it for future generations.