Zbornik Radova Pravnog Fakulteta u Splitu (Jan 2010)
Right to access to justice in environmental matters
Abstract
One of the strategic goals of the Republic of Croatia for the following period is its access to the European Union. In order to fulfill it, the Republic of Croatia has in October 2001 signed the Stabilization and Association Agreement and thus overtaken the obligation to strengthen co-operation with European Union member states in struggle against environmental devastation and in promotion of environmental sustainability (Article 103 of Agreement). With the acceptance of the Agreement the process began of the Croatian legislation adjustment to the European Union legal acquirements, and thus of the implementation of numerous European Union Acts into its own legislation. In the area of environmental protection, a large number of regulations, directives, and decisions resolving the objectives regarding further protection were carried out by the competent bodies of the European Union, which the Republic of Croatia must implement in its own legislation during its process of accessing EU. Sure enough, one of the most important questions of environmental protection is the right to approach the legislation on environmental issues by all stakeholders. This paper brings the authors' elaboration on the right to access to justice in matters of environmental protection, its standardizing characteristics, similarities, and differences from the aspect of the Convention on Environmental Information and Public Participation in Environmental Decision-making and Access to Justice in Environmental Matters, European Union Acts, and Croatian legislation.
