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On January 27th, the Center for Legal Research and Analysis launched the Analysis of Gaps and Shortcomings – Challenges and Opportunities for the Environmental Institutional and Legal Framework.
The analysis was presented by the CLRA and the expert team that discussed the key conclusions and perceived problems in the area of the environment, nature protection, waste management, water management and ambient air quality monitoring in front of representatives from the competent institutions – the Ministry of Life environment and spatial planning and the State Environmental Inspectorate.
Academic Prof. Dr. Vlado Kambovski, who led the event, emphasized that the analysis lays the foundations for the multidisciplinary approach that is foreseen in the work of the Platform for Environmental Justice. In his address, he emphasized that a doctrinal change is needed in the provisions that regulate the protection of the environment, taking into account that it regulates areas of importance for the public interest.
Nikola Jovanovski, program manager at CLRA, presented the conclusions from the analysis of the legal framework for the environment, where the need for an overall revision of the national goals in the area of the environment was emphasized, and the information systems for environmental conditions, regulation and management were also emphasized ozone-depleting substances and greenhouse gas emission inventory systems. According to Marjan Mihailov, the expert who prepared the analysis in this section, in order to promptly implement the set legal obligations and goals for the environment, additions to the human and technical capacity and resources are necessary.
Zharko Hadji-Zafirov, a legal expert in the analysis of the field of waste management, referred to the need to redefine the responsibilities for waste management at the local level and transfer them. He emphasized that the local segment in waste management is neglected, especially considering that regional centers for waste management have not been established since 2010 due to the lack of institutional, financial and personnel policies. In terms of strategic waste management from an institutional and financial point of view, Mr. Hadji-Zafirov emphasized that the Department for Waste Management in the Environmental Administration, as the only part of the Ministry of Environment and Spatial Planning, is completely marginalized in contrast to other departments.
Prof. Ana Pavlovska Daneva referred to the inadequate internal organization of the Ministry of Internal Affairs and Communications, which prevents the efficient execution of legal responsibilities, especially since there is a lack of professional and qualified personnel in this area. This is important to take into account when evaluating the measures and activities of the Ministry of Internal Affairs and Communications for monitoring the quality of ambient air because the law provides for the establishment of a special internal organizational unit in the Ministry of Internal Affairs, which will enable the creation of policies as well as an operational function for their implementation. At the same time, she highlighted the Environment Administration, which instead of being a body within the Ministry, should have the legal status of a separate agency separated from the organizational structure of the Ministry.
From the analysis of the Water Law, Dr. Elena Mujoska Trpeska pointed out that despite the National Water Strategy from 2012 to 2042, the foreseen goals and plans for the management of river basins as basic strategic documents have not yet been harmonized. For this reason, she emphasized that no data is available on whether the Cadastre of water pollutants has been established, as it should be an integral part of river basin management plans. This fact was followed by the National Water Council whose functioning is limited considering the fact that since 2012 no new composition has been foreseen in the Council.
For the law on nature protection, the challenges that cause the overlap of the competence of the three ministries, the Ministry of Agriculture, Forestry and Water Management, as well as the Ministry of Economy, were highlighted. The expert on the area, Mrs. Ana Čolović Lesoska, explained that due to the inconsistency of the laws, there are different and conflicting views of the institutions regarding the process of declaring an area as protected, granting concessions, hunting permits, etc. According to her, one of the main reasons for the inconsistency and difficult communication between the institutions is due to the lack of sufficient professional staff in the management structures for the protected areas.
Nikola Jovanovski continued by presenting the conclusions on internal organization and financing of the key entities – the Ministry of Environment and Spatial Planning and the State Environmental Inspectorate. From the analysis, it was concluded that the efficiency in environmental protection will be improved if the appropriate financial resources are provided to realize the planned activities, but also to fulfill the foreseen jobs that are necessary for the functioning of the environmental authorities and filling of the planned jobs in the sectors for creating and implementing policies. In relation to the State Inspectorate, the establishment of inter-institutional cooperation between expert bodies in the area of the environment, the bodies that carry out inspection supervision and the bodies that carry out investigations was emphasized.
The first guidelines for the work of the Environmental Justice Platform emerged from the presentation at the event. The first step is the establishment of a hierarchy of priorities for overcoming environmental damage and crises, then the execution of legal functions due to the lack of technical capacities and finances, and as the third pillar, the strengthening of the awareness of citizens and competent institutions about what is required pooling of technical capacities and joint education.
The analysis of gaps and shortcomings – challenges and opportunities for the institutional and legal framework of the environment is part of the project “Establishment of efficient and effective environmental justice”, financed by the Government of the United Kingdom, with the support of the British Embassy in Skopje.
You can download the analysis of gaps and shortcomings – challenges and opportunities for the institutional and legal framework of the environment from the following link: