Krivičnopravna zaštita životne sredine
Environmental Protection Through Criminal Law

National law compliance with European Union law

Author(s): Branko Vučković, Vesna Vučković
Subject(s): Law, Constitution, Jurisprudence, Human Ecology, Penal Policy
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Environment; Environmental protection; Legal regulation; Penal legislation;
Summary/Abstract: The right to healthy environment is the basic human right guaranteed by the Constitution of Montenegro, which is by some formal criteria on high scale of constitution practice of states in the process of transition, and beside this it doesn’t represent the same level of goals and it doesn’t reach functional ensurence of realization of these laws, according to the basic law documents of European union.According to the European union documents, environmental protection is determined by the degree of “high level of protection”, which is not clearly regulated in the Constitution of Montenegro, including the fact that Montenegro is declared as “ecological state”. The level of law guarantee to healthy environment depends on legal nature of law that order this issue, but not only on legislative framework, but also on the consciousness of an individual,states and organizations that enforce these laws. Therefore it is necessary that sanctioning of an individual and of a state, in the case of environmental degradation should be prescribed clearly, respectively its protection has to be ensured, quality improved and promote measures constantly which a state has to apply in the case of its pollution incidents, also the responsibility of state that is considered responsible according European union regulations,no matter how its regulations are. Ecological politics of European Union follows ecological consciousness and as a result the protection and improvement of natural environment increasingly comes first in making European Union legal regulations.Montenegro as an applicant for membership in European union undertakes measures in order to coordinate its regulations to regulations of European Union which say that “high level of environmental protection” is one of the crucial legal principles.

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