. LEGAL INSTRUMENTS FOR THE ENVIRONMENTAL PROTECTION Željka Leljak Gracin, lawyer FoE Croatia Webinar 24-25th February 2016.

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Presentation transcript:

. LEGAL INSTRUMENTS FOR THE ENVIRONMENTAL PROTECTION Željka Leljak Gracin, lawyer FoE Croatia Webinar 24-25th February 2016

Toolkit – legal instruments –why? new legal branch - multidisciplinary lack of practice participation in decision-making activism

Which countries? Bosnia i Herzegovina Serbia Montenegro Croatia Similiarities and difrences?

Toolkit – content? Environmental legislation in the context of accession to the European Union Constitutional Law instruments for environmental protection Administrative Law instruments for environmental protection Criminal Law instruments for environmental protection Civil Law instruments for environmental protection

Environmental legislation in the context of accession to the European Union Criteria for EU membership Chapter 27 Horizontal legislation

Constitutional Law instruments for environmental protection Environmental protection in the constitutions of Croatia, Bosnia and Herzegovina, Serbia and Montenegro The protection of constitutionality and legality of regulations in all 4 countries Constitutional complaint/ appeal/appeal to the Constitutional Court Example - Plomin C ( Croatia )

Administrative Law instruments for environmental protection Administrative procedure and administrative disputes in all 4 countries Public participation in administrative procedures on the environment, and the Aarhus Convention Public participation in administrative procedures on the environment in all 4 countries Examples – Legal battle for preservation of the river Sana ( BIH ); hydropower plants on the river Lim ( Serbia )

Criminal Law instruments for environmental protection Crimes against environment in all 4 countries Criminal procedure and criminal charges Misdemeanor against the environment Examples – Crime of pollution and failing to take measures to preserve environment (Montenegro); Misdemeanor procedure – Veliki Bački kanal (Serbia)

Civil Law instruments for environmental protection Lawsuit over harmful emissions and lawsuit over trespassing Environmental lawsuit (the request to eliminate the risk of damage) Repressive instruments of exercising civil law environmental protection No example from practice

Usefull examples/forms Lawsuit to Administrative Court Request for information Appeal (administrative complaint) Criminal report

LEGAL INSTRUMENTS FOR THE ENVIRONMENTAL PROTECTION English.pdf.pdf Serbian.pdf.pdf Croatian/Bosnian.pdf.pdf Montenegrin.pdf.pdf

Next steps? New toolkit! - update for 4 countries covered in the „old” toolkit + -Coverage of the new countries: Turkey, Macedonia, Albania and Kosovo

Toolkit – legal instruments Thank you for your attention!!!!

Contact Željka Leljak Gracin, lawyer Zelena akcija Frankopanska Zagreb tel/fax: 01/