Neposredna primena člana 9, stava 3 Arhuske konvencije u pravnom poretku Republike Srbije
Direct Effect Of Article 9(3) Of The Aarhus Convention In Legal Order Of The Republic Of Serbia

Summary/Abstract: The text explores a possibility of direct effect (direct application) of Article 9(3) of the Aarhus Convention in legal order of the Republic of Serbia. The Article guarantees access of the public to administrative or judicial procedures to challenge compatibility of acts of private persons or public authorities with national law relating to environment. In Lesoochranárske zoskupenie the European Court of Justice finds that, according the EU standards on direct effect of international treaties, the Article is not capable to produce direct effect, since contracting parties enjoy a broad discretion to formulate criteria for the public’s access to review procedures. However, the European Court of Justice remained that each member state might have its own standards on direct effect of international treaties and that Slovak courts were obliged to take into account Article 9(3) of the Aarhus Convention when interpreting Slovak procedural law to provide the EU environmental law with best effectiveness. The 2006 Constitution of Serbia foresees direct application of international treaties without limitations and conditions. Still, judicial practice is not fully consistent and it would be premature to derive reliable standards on direct application of international treaties in Serbia. In Serbian legal system there are no particular procedural provisions in environmental law that meet requirements of Article 9(3) of the Aarhus Convention and general procedural provisions depart from these requirements in respect of legal standing. Direct application of Article 9(3) would be possible in such situation as a replacement for missing particular domestic provisions or as supplement of general procedural provisions. The first possibility is less probable. More probable is that a court would search for new interpretation of legal standing in co-effect of domestic general procedural provisions and Article 9(3) of the Aarhus Convention.

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