ЗДРАВА ЖИВОТНА СРЕДИНА И EKОЛОШКА ПРАВДА –РЕАЛНОСТ ИЛИ МИТ?
HEALTHY ENVIRONMENT AND ECOLOGICAL JUSTICE- MYTH OR REALITY?

Author(s): Gordana Lažetić
Subject(s): Law, Constitution, Jurisprudence, Energy and Environmental Studies, Political Ecology, Environmental interactions
Published by: Makedonska akademija na naukite i umetnostite
Keywords: environment; justice; nature; disasters; pollution; accountability; ECtHR; judicial protection; green criminology; green victimology
Summary/Abstract: Starting from the dilemma contained in the title of the paper, from all that has been elaborarted, the conclusion is that pollution is a reality, but a healthy environment and effective judicial protection are still just a myth. The absence of a comprehensive legally binding instrument for environmental protection at the global level, which greatly contributes to non-compliance with legislation at the state level, underdeveloped monitoring and control mechanisms, directly leads to a lack of accountability of the states. Efforts to overcome many open issues and dilemmas have led some countries to introduce specific legislation on environmental liability, such as the German Environmental Liability Act (Umwelthaftungsgesetz) of 1990. The current situation in North Macedonia is devastating and it is quite justified for citizens or citizens’ associations to start submitting applications to the ECtHR in Strasbourg. Judicial protection will not be possible until the competencies are differentiated, which is necessary due to the constitutional nature of the right to a healthy environment. Different interpretations lead to the conclusion that it is necessary to have a model of Environmental lawsuit as action popularis for both the prevention of presumed damage and the damage already incurred, with pre-clarified criteria for causality and the evidence to be attached. Its introduction will also facilitate the plaintiffs in determining the merits of the lawsuit. The environmental lawsuit should be located in the civil court within the disputes over the fundamental rights and obligations of man and citizen, which will seek to establish a violation of law, not to establish facts.

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