LEGAL POSSIBILITIES OF ENVIRONMENTAL PROTECTION Palić, Serbia September 24, 2013.

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Presentation transcript:

LEGAL POSSIBILITIES OF ENVIRONMENTAL PROTECTION Palić, Serbia September 24, 2013

Multidiscipline  Administrative Law  Civil Law  Criminal law  Misdemeanor Law  Constitutional Law  International Law

Toolkit – legal instruments –why?  new legal branch  lack of practice  participation in decision-making  activism

Toolkit – countries?  Croatia  Bosnia and Herzegovina  Serbia  Montenegro  SIMILARITIES AND DIFFERENCES?

Toolkit - content   Legislated   Constitutional law protection of the environment   Administrative law protection of the environment   Criminal law protection of the environment   Civil law protection of the environment

Legislated  Why?  Where it is prescribed?  How is the procedure?  Possibilities for public participation?

Constitutional law protection   Constitutionality of the laws or constitutionality and legality of other regulations   The constitutional complaint - means of protecting the constitutionally guaranteed human rights and fundamental freedoms

Administrative law protection of the environment Administrative law relationship: subordination of subjects, authoritativeness, sidedness  ADMINISTRATIVE ACT - a decision for unilaterally deciding on subjective rights, on obligations or legal interests of individual entities in a specific legal case  "Administrative silence„  Individual act  Procedures for public participation in decision- making

ADMINISTRATIVE DISPUTE  judicial control over the administration, control of administrative act, competent is the Administrative Court  LAWSUIT within 30 days, after the appeal is used  no suspensive character

CRIMINAL PROCEEDINGS  Criminal offenses against the environment - differences  Any person or entity who has a serious and specific knowledge about the offense and the offender can notify the police or the state attorney's office

CIVIL LAW PROTECTION OF THE ENVIRONMENT  CLAIM for CONCERNING EMISSIONS  CLAIM for TRESPASSING  ENVIRONMENTAL CLAIM  CLAIM for DAMAGES

VIOLATION  Violations of the regulations which are not criminal offenses.  Violations are prescribed by law (at the end of the law)  Authorized prosecutors: - Attorney General - Government body - legal persons with public authorities - the injured person - applications to inspectors

THANK YOU FOR YOUR ATTENTION!

Contact Željka Leljak Gracin, dipl.iur. Zelena akcija Frankopanska Zagreb gsm/fax: 01/