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LEGAL POSSIBILIT IES OF ENVIRONMENTAL PROTECTION

LEGAL POSSIBILIT IES OF ENVIRONMENTAL PROTECTION. Palić, Serbia September 24, 2013. Multidiscipline. A dministrative Law C ivil Law C riminal law M isdemeanor La w C onstitutional Law I nternational L aw. Toolkit – legal instruments – why ?. n ew legal branch l ack of practice

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LEGAL POSSIBILIT IES OF ENVIRONMENTAL PROTECTION

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  1. LEGAL POSSIBILITIESOF ENVIRONMENTAL PROTECTION Palić, Serbia September 24, 2013

  2. Multidiscipline Administrative Law CivilLaw Criminal law MisdemeanorLaw ConstitutionalLaw InternationalLaw

  3. Toolkit – legalinstruments –why? newlegal branch lackof practice participationin decision-making activism

  4. Toolkit – countries? Croatia BosniaandHerzegovina Serbia Montenegro SIMILARITIES AND DIFFERENCES?

  5. Toolkit - content Legislated Constitutional lawprotection of the environment Administrativelawprotectionoftheenvironment Criminal lawprotectionoftheenvironment Civil lawprotection of the environment

  6. Legislated Why? Whereit is prescribed? How is the procedure? Possibilities for publicparticipation?

  7. Constitutional lawprotection • Constitutionalityof the laws or constitutionality and legality of other regulations • The constitutional complaint - means of protecting the constitutionally guaranteed human rights and fundamental freedoms

  8. Administrativelawprotectionoftheenvironment Administrativelawrelationship: subordination of subjects, authoritativeness, sidedness • ADMINISTRATIVE ACT - a decision forunilaterally decidingon subjectiverights, on obligations or legalinterests of individual entities in a specific legalcase • "Administrative silence„ • Individual act • Procedures for public participation in decision-making

  9. ADMINISTRATIVE DISPUTE • judicial control over the administration, control ofadministrative act, competent is theAdministrative Court • LAWSUITwithin 30 days,after the appeal is used • no suspensive character

  10. CRIMINAL PROCEEDINGS • Criminaloffensesagainst the environment - differences • Any person or entity who has a serious and specific knowledge abouttheoffense and the offender can notify the police or the state attorney's office

  11. CIVIL LAW PROTECTION OF THE ENVIRONMENT • CLAIM for CONCERNING EMISSIONS • CLAIM for TRESPASSING • ENVIRONMENTAL CLAIM • CLAIM for DAMAGES

  12. VIOLATION • Violations of the regulations which are not criminaloffenses. • Violations are prescribed by law (at the end of the law) • Authorized prosecutors:- AttorneyGeneral- Governmentbody- legalpersons with public authorities- the injured person • applications to inspectors

  13. THANK YOU FOR YOUR ATTENTION!

  14. Contact Željka Leljak Gracin, dipl.iur. Zelena akcija Frankopanska 1 10 000 Zagreb gsm/fax: 01/4813 096 e-mail: zeljka@zelena-akcija.hr

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