Pravna zaštita građana od prekograničnog onečišćenja zraka
Legal protection of citizens from cross-border air pollution

Author(s): Lana Ofak, Paula Jelić
Subject(s): Law, Constitution, Jurisprudence, Energy and Environmental Studies, Public Law, EU-Legislation
Published by: Fondacija Centar za javno pravo
Keywords: Public law; air pollution; transboundary air pollution; citizens; legal protection; legislation; EU legislation; international law; Convention on Access to Information; Public Participation in Decision-making;
Summary/Abstract: This paper deals with the problem of transboundary air pollution. It begins with a brief reference to the harmful effects of air pollution on human health and the environment. Taking into consideration that Croatia joined the EU on 1st of July 2013 and Bosnia and Herzegovina is a potential candidate country, which signed the Stabilisation and Association Agreement on the 16th of June 2008, the paper presents the legal framework of the European Union relating to the air protection. Both Croatia and Bosnia and Herzegovina are signatories to international treaties that are relevant for air pollution. Thus, the paper demonstrates the obligations of States under the Convention on Long-range Transboundary Air Pollution and its Protocols, the Convention on Environmental Impact Assessment in a Transboundary Context and the Protocol on Strategic Environmental Assessment, and the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters and Protocol on Pollutant Release and Transfer Registers. For each of these conventions the authors describe the non-compliance procedures. A special emphasis is given to the possibility of citizens to initiate proceedings against the party that (allegedly) does not meet its commitments.

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