Varstvo okolja v slovenski pravni praksi

slovenian

2020

volume 46, issue 6/7

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

The article presents how/who can represent the voice of the environment and nature in administrative and judicial proceedings, and how to protect the constitutional right to a healthy living environment with examples from practice. The key instruments of environmental protection are strategic assessments of the impact of plans/programmes on the environment and nature (carried out at the spatial planning phase), further assessment of the impact of projects on the environment and nature (usually carried out together with the building permit procedure), operation of individual facilities (determines the extent of permitted pollution). Most legal practices consist of administrative procedures, as it is necessary to protect the environment and nature from harmful interventions at the earliest stage of their implementation. Civil proceedings, consistent and engaged inspections, as well as criminal prosecution, are possible against polluters. There is also a special process for identifying and repairing environmental damage. The constitutionality and legality of individual regulations are assessed by the Constitutional Court most often due to violations of ratified conventions or EU directives. The ombudsman also plays a special role in protecting the environment. The article is intended primarily for lawyers/legal practitioners for more effective use of legal remedies in the field of environmental protection, spatial planning and construction permits, as well as to familiarise others with the mechanisms of legal protection of the environment.

23.03.2021