Пракса Европског суда за људска права у вези са заштитом човекове околине
The European court of human rights practice relating with the environment protection

Summary/Abstract: This paper deals with the environmental protection and the European Convention on Human Rights and jurisprudence of the European Court of Human rights in this field. In the early years of the Convention’s life, any individual seeking to have their right to environment protected under the European Convention would have seen his application being dismissed as ill founded ratione materiae because no right to environment is proclaimed as such in the Convention nor in its protocols. As it was elaborated in this paper, this fact has not been an insurmountable obstacle to a creative approach by the Court to protect indirectly some connotations of a human right to environment, thanks to an exercise of judicial activism and judicial self-restraint. This protection was realized mostly through Article 8 of the Convention, but also via other articles of the Convention.

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