The legal path for protecting the right to a healthy environment in Montenegro is not clearly defined or predictable, it was assessed at a roundtable organized in Podgorica by the Council of Europe (CoE).
The roundtable presented the Basic Study on Legislation, Policy and Case Law in the Field of Human Rights and the Environment in Southeastern Europe, as part of the regional project Human Rights and Sustainable Environment in Southeastern Europe, funded by the Human Rights Trust Fund.
The Constitutional Court announced that the President of the Court, Snežana Armenko, prepared and presented an analysis of the Montenegrin normative and legal framework, which includes the constitutional definition and scope of constitutional protection of the right to a healthy environment and a review of international treaties ratified by Montenegro in the field of environmental protection.
The document, as they stated, includes an analysis of the normative framework, as well as case law, the substantive and procedural aspects of that constitutional right through various court proceedings - civil, administrative, commercial, criminal, misdemeanor, with an overview of the legal institutes available for environmental protection, as well as an analysis of the practice of the Constitutional Court.
In her opening remarks, Armenko emphasized that "this is a moment not only to look back on the results achieved, but also to prepare for future challenges and opportunities."
"Because they are equally important when we notice and use them, in order to build bridges between two key issues of the modern era - sustainable development and environmental preservation," said Armenko.
Montenegro's Chief Negotiator with the European Union, Predrag Zenović, emphasized that environmental protection is not just a sectoral policy, but a human rights issue and a fundamental expression of the social contract between the state and the people.
"Montenegro, as an ecological state, has a constitutional duty and a historical opportunity to be a leader in the region by example," said Zenović.
This, he said, is not just a matter of compliance, but a matter of conviction.
The Head of the CoE Program Office in Podgorica, Lejla Dervišagić, said that only through joint work between the judiciary, executive authorities, civil society and international partners can a legal and political framework be built in which nature, ecosystems and people have the space to develop and prosper.
"It was concluded, among other things, that the legal path to protecting human rights related to the environment, especially the substantive right to a healthy environment, is neither clearly defined nor predictable," the statement said.
It is stated that it has been concluded that international standards are not being implemented appropriately when determining injury, liability, compensation and the amount of damages in relation to environmental damage.
The Constitutional Court said that it is conclusive that there is no specific legal regime for proceedings concerning environmental protection and that the rules on costs in these proceedings do not differ from those in other areas.
As they stated, it was concluded that non-governmental organizations and the interested public face numerous challenges in addressing environmental issues, including incomplete information, difficulties in requesting the disclosure of data marked as "secret", and the inability to obtain requested data because institutions do not have it.
The court said that the analysis also contains a large number of recommendations, the implementation of which will strengthen environmental protection in Montenegro.
The round table brought together representatives of the Montenegrin judiciary, prosecutor's office, the Ministry of Ecology, Sustainable Development and Northern Development, the Ombudsman's Office, civil society, as well as legal experts.
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