Nezakonito odlaganje otpada u zakonodavstvu EU i praksi Suda pravde EU
Illegal waste disposal in the EU legislation and practice of the Court of justice of the EU

Summary/Abstract: Having in mind the fact that waste represents a global problem of modern society that threatens human health and environment, the authors discuss normative and practical aspects of waste disposal in the EU. After brief introduction on the history of normative regulation of waste disposal in the EU, current normative frameworks of the EU pertinent to the disposal of waste and functioning of landfills are analysed, with focus on the latest amendments of acquis regulating this area that occurred in May 2018. In this part of the paper, normative method is applied. After that, the functioning of Court of Justice of the European Union and its role in the application of EU law is presented as well as the practice of the Court of Justice of the EU in the cases of its illegal disposal and inadequate treatment of waste waters (that may appear as the result of these activities). Several cases are analysed in which the Court made the decisions related to illegal activities of member states in the area of waste disposal, operation of landfills and inadequate treatment of waste waters (that may also appear as consequences of operations at landfills). Case analysis is applied in order to study the cases brought before the Court. Within concluding remarks, the authors highlight negative effects that waste disposal on landfills produces on human health and environment as well as the need to reduce them through the interventions on normative and practical level. As the result of the analysis of normative framework on the one hand and judicial practice on the other, it can be concluded that there are numerous differences among the EU member states when it comes to the application of the acquis in the area of waste disposal. The results of the research also suggest that there is a serious gap between the normative and the practical in the area of waste disposal in the EU which is still very large. This gap is particularly notable in Greece, Italy and Portugal, whose cases are therefore chosen to be presented in the paper.

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