Регулисање права на здраву животну средину у Европској унији
Regulating the right to an adequate environment in the European Union law

Summary/Abstract: The protection and improvement of the environment represent a necessary condition for the enjoyment of basic human rights, particularly the right to life, as well as all other economic, social and political human rights. Recent decades have witnessed the recognition of the right to an adequate environment as a specific basic human right. This paper represents the concept of right to an adequate environment in European Union law according to different aspects. Firstly, the analysis begins with the brief historical overview of the right to an adequate environment. Secondly, the article examines right to an adequate environment under the Charter of Fundamental Rights of the European Union. Thirdly, the focus of the paper refers to an attempt to clarify and elaborate the right to an adequate environment according to the jurisprudence of the European Court of Justice and European Court of Human Rights. In addition, the right to an adequate environment is introduced and explored under the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention). The paper pointed out the importance of the Aarhus Convention, since it represents the first international legally binding instrument that links environmental protection and human rights norms. Furthermore, the right to an adequate environment is also considered as the segment of the law of the Republic of Serbia. To conclude, the authors present a brief opinion concerning the existence of the right to an adequate environment in European Union law and make some suggestions related to the improvement of the protection of this human right.

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