The Center for Legal Research and Analysis (CLRA) welcomes, for the first time, the adoption of a general position on the violation of the constitutional right to a healthy environment, initiated by a proposal submitted by the law firm Godzo, Kiceec and Novakovski, and within the framework of strategic determinations and actions by CLRA.
Summary of the general position:
- Тhe Supreme Court, following the practice of international courts, through the general opinion indicates that the right to clean air is an individual right.
- The Supreme Court points out that the violation of the right to a healthy environment, that is, the right to clean air, can be violated by authorized and official persons and by not taking actions that are part of their competence.
- The Supreme Court indicates that the right to a healthy environment can be protected according to the Law on Administrative Disputes.