Belgrade Law Faculty Master-Course Human Rights and Non-Discrimination Human Rights and Environmental Protection Prof. Thomas Fleiner

Introduction Legal bases of environmental protection In the EU Basic principles of Environment Protection Notions, Items and goals Instruments of Protection Some important ECJ Cases Implementation of the Charter Basic Concept of Article 8 ECHR

EC Charter 37 Article 37: A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development.

153 TFEU (Part of Title IX Social Policy ARTICLE 153 1. With a view to achieving the objectives of Article 151, the Union shall support and complement the activities of the Member States in the following fields: (a) improvement in particular of the working environment to protect workers' health and safety;

Environmental Protection Title XX TFEU 191 Objectives: preserving, protecting and improving the quality of the environment protecting human health, prudent and rational utilisa tion of natural resources, promoting measures at inter national level to deal with regional or worldwide envi ronmental problems, and in particular combating climate change

Principles 191 par. 2 2. Union policy on the environment shall a. aim at a high level of protection ta king into account the diversity of si-tua tions in the various regions of the Union. b. It shall be based on the precautionary principle and c. on the principles that preventive action should be taken, d. that environmental damage should as a priority be rectified at source and e. that the polluter should pay.

Notions, Items to be protected and goals Notion of Sustainability Sustainability: Brundtlandreport 1987: sustainable development meets the need of the present without compromi sing the need of future generations to meet own needs.

What to protect?

Air, Water, Forest, Landscape, Soil, Fauna, Plants and fields, Culture? Goals of protection Aim of protection: Health of human Beings? Ecological balance, plants, Fauna etc.

Instruments How to protect?

Legislation: Administrative measures limit values for Emissions, pollution limits, remediation Criminal Law, market intervention polluter pays Civil law, property, negligence law on chemical substances mercury Standing for NGO’s Information and recommendations Environmental impact assessment Diminish disaster damages

Important ECJ Cases 1985 Directives with regard to waste oil Are compatible with the competences of the European Community Case 240/83 Association de défense des brûleurs d’huiles usages (ADBHU) [1985] ECR 531 .The obligation imposed by on manufacturers and importers, under which the marketing of beer etc. is authorized only in re-usable containers, must be regarded as necessary to achieve the objectives pursued in relation to the protection of the environment so that the resulting restrictions on the free movement of goods cannot be regarded as disproportionate Danish Bottle Case of 1988 Case 302/86 States can prohibit dumping of waste coming from other states or regions Commission v. Belgium 1992 C-2/90 Obligation to by renewable energy is not incompatible with Art. 30 Preussen-Elektra C-379/98, 2001

Implementation of EC 37 Basic elements to apply EC 37: Not a subjective right but a principle a) environmental protection is human oriented not social and cultural environment b) climate protection but not to be applied by approval of coal burning power plant c) Improvement of high quality of environment including sustainable development: social, economic and ecologic d) no priority of environment 2. Legal consequences a) to be taken into account for all political decisions b) Environmental protection is an additional factor c) Optimal guarantee d) Basic to limit economical fundamental rights

Basic Concept of EHRC Article 8 Article 8 – Right to respect for private and family life 1 Everyone has the right to respect for his private and family life, his home and his correspondence.

2 There shall be no interference by a public authori ty with the exercise of this right except such as is in accordance with the law and is necessary in a demo cratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protec tion of the rights and freedoms of others.