ОД „ИНТЕГРАЛНОГ СИСТЕМА” КА ХИПЕРПРОДУКЦИЈИ ПРОПИСА
The adoption of two legislative acts (in 1991 and 2004) represents two phases in
the development of the contemporary environmental legislation of the Republic
of Serbia. Both laws have certain similarities, but also significant differences. The
circumstances in which these laws were passed are completely different. The subject
of regulation of both laws is ‘the environmental protection system’, but with
some differences. Such formulations contain certain elements of pretentiousness
and indecision. The implementation of the first legislative act on environmental
protection (1991) was overshadowed by the crisis that affected the territory of the
former Yugoslavia during the last decade of the 20th century. Thus, the realization
of the projected environmental goals was marginalized. The adoption of the second
environment protection act (2004) meant the introduction of different concepts (as
compared to the previous one) and a formal approximation to the requirements of
EU regulations. The changed circumstances have decisively influenced the manner
of regulation and the content of the norms in the field of environment. The new Environment
Protection Act (2004) regulates the ‘integrated environmental protection
system’, which focuses on two elements: human rights and sustainable development.
However, it is not entirely clear to what extent it would be possible to speak of a
consistent and functionally completed system. The existence and character of the
relationship between the ‘system’ and human rights, i.e. between the ‘system’ and
the balanced development should be examined separately and in more detail. In the
meantime, a number of other laws in the field of environment have been adopted.
Some issues are regulated in more detail by special laws and a huge number of bylaws.
At the same time, several new issues are open and some old problems have
gained new significance, among them are the following issues: relations between
laws, interlacing the norms of two or more regulations, relations with regulations
in other areas of importance for the environment, system management, horizontal
and vertical coordination, the competence of relevant subjects, the role and quality
of public participation, compliance with regulations, etc.