APPLICATION OF EU SUSTAINABLE DEVELOPMENT RULES Axel Luttenberger
2 Introduction indicating the legal issue an review of rules on national and international level Unless sustainable development is legally defined in a systematic way, it is impossible to realize. Development without adequate regulation can result in an inappropriate use of land in costal area.
3 Linked words: sustainability, environment protection, legal framework, accession requirements The impact of international community Agenda 21 noted the importance of sustainable State to enact effective legislation EU points out the sustainable development and stresses the legal basis for environmental action and more stringent national measures
4 European Opinion Research Group “which level is most appropriate for taking decision in environmental matters” EU 33% National government 30% Local government 27% UN 21 % etc. “most effective for solving the environment problems” stricter regulation 48% persuasion groups 45% enforcement of exisssting legislation 40% tax only those who cause environmental problems 42%
More than half a world population lives within 60 km of shoreline (an average of 42% Europeans are very worried about sea pollution)
6 Coastal area UN Convention on the Law of the Sea protection and preservation of marine environment EU – Towards a Strategy to Protect and Conserve the Marine Environment ensures sustainable and healthy seas and their ecosystem
7 The role of national legislator maximizing positive economic and social development minimizing its negative impact on natural environment
8 The SAA Agreement First comprehensive contractual relation between the EU and Croatia task in contributing to combat environmental degradation promotes environmental sustainability
9 Legal challenges of sustainable protection in the European Union Eco Management and Audit Scheme (EMAS) EU Eco-label Scheme Integrated Coastal Management Zone (ICZM) Directive on a Quality of Bathing Waters Water Framework Directive LIFE-programme (Environment, Nature, Third Countries)
10 Enlargement and environment EU environment rules and standards will apply to new members in the same way as they do to current members. There will be no lowering of standards. Candidate countries should be able to take on board and implement EU environment legislation by the time they became member EU has acknowledged specific problems that candidate country are facing (laws require heavy investments and thus transition period is needed for implementation)
11 Sources of law in Croatia Constitution - protection of nature and human environment as the highest value of constitutional order - everyone has a right to a healthy life Declaration on Protection of Environment in the Republic of Croatia - safeguards in its entirety balanced development with the purpose of preservation of natural heritage Ecology laws
12 Ecology law Law on Environmental Protection individual law regulating a particular natural resource (national park, nature park, nature reserve etc.) Maritime Code (for marine environment) special administrative law regulating in an integral way the issue concerning waste, noise, chemicals etc. laws with multipurpose endeavouring (planning, stimulating economy, transport, quality of life, health and protection of diverse goods) laws which do not contain explicit stipulation (administrative and other procedure, inspection etc)
13 Decrees by the national executive and administrative bodies implementation rules – book of rules issued by competent body of national administration implementation of the law – executive order issued by executive authority body /Government/
14 Conclusion There is no unique system of legal standards relating to ecology, particularly to their common regulation. Reasons complexity permanent development (evolution)
15 Conclusion Croatia must definitely develop sustainable ecology rules at national and local levels, while of particular significance is safeguarding the monitoring over their implementation.
16 The timing of each country to the EU depends on the progress, which it makes in preparing for membership The preservation of environment is an important factor for success of certain industries and economy and the need for a legal framework of environment protection is of utmost importance. Expected results are an agreed strategy for EU approximation and an improved system of environmental monitoring. For that programme better co-ordination and supervision is needed with increased capacity of legal evaluation.