Disputes related to the protection of the right to a healthy environment: the experience of Ukraine and EU Cover Image

Disputes related to the protection of the right to a healthy environment: the experience of Ukraine and EU
Disputes related to the protection of the right to a healthy environment: the experience of Ukraine and EU

Author(s): Yulia Leheza
Subject(s): Human Rights and Humanitarian Law, Environmental and Energy policy, Health and medicine and law, Environmental interactions, EU-Legislation, Administrative Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: public law disputes; administrative proceedings; classification; subjective public rights;

Summary/Abstract: This article discusses approaches to understanding the right to a safe environment in accordance with the legislation of the EU and Ukraine. It has been established that in modern conditions, the concept of the right to a safe natural and anthropogenic environment has undergone a transformation. The basis for protecting this right must be understood as a balance between private and public interests, as a principle for implementing and achieving the goals of the Strategy for Sustainable Development. The author has carried out a classification of disputes related to the implementation and protection of the human right to a safe natural and anthropogenic environment. The analysis substantiates the interaction between changing the understanding of the right to a safe environment and the right to initiate a claim for its protection. This leads to the conclusion that the leading bearers of public interest in the field of environmental protection are public organizations. The author’s classification of disputes in the field of implementation and protection of the natural environment is then substantiated.

  • Issue Year: 2023
  • Issue No: 9
  • Page Range: 247-262
  • Page Count: 16
  • Language: English