Micro, Macro & Mezzo Geoinformation (Dec 2015)
Environmental right – information, participation in decision making and the right to address the court for environmental issues, knowledge of these rights for the inhabitants near power plant “Kosova A” and “Kosova B”, municipality of Obiliq – republic of Kosovo
Abstract
In Kosovo, so far, there have been positive developments regarding environmental legislation framework, each passing day, this legislative framework has been developing in conformity with the situation and the possibility of human capacities of the country, but it is also worth stressing that a contribution during the composition of environmental legislation has been given by the EC, through technical assistance respectively TAIEX, the amendments made so far have been made conform governmental policies for environmental protection and based on the acquis communautaire and other demands of European Commission of the EU during the assessment of the institutions, through progress report. National legislation in power should guarantee the right on environmental information, public participation in decision making and the right to address the court for environmental issues, according to the international conventions on environment, especially based on the Aarhus Convention which is without doubt one of the most important environmental conventions for the fact that it defends the principal rights of the environment. Even though Kosovo is not a signing member of many international agreements, the responsible public institutions should work hard to ensure these rights in an efficient and effective way, because signing and ratification of these agreements in which these developments play key role and have a specific importance. However, in Kosovo there is a huge number of the laws approved by the Ministry, government and parliament, but we are too far from the implementation practice. Environmental right in Kosovo has its basis from the Constitution of the Republic of Kosovo, Law of Access on Public documents Nr. 03/L-215, Penal Code of the Republic of Kosovo Nr. 04/L-082, Law on Environmental Protection Nr. 03/L-025, Waste Law Nr. 03/L-160, Law for protection of Air from Pollution Nr. 03/L-160, VNM Law Nr. 03/L-214, Administrative Order Nr. 09/2011 Information for participation of the public and interested parties in procedures of evaluation on environment impact, Law for Chemicals Nr. 02/L-116, Law for Waters Nr. 04/L147, Law for Nature Protection Nr. 03/L-233. The environmental right means access in all natural resources which enable survival of live organisms in biosphere, including earth, water, air, biodiversity, nature, food and habitats.
