The penal policy that derives from the Law on Environmental Impact Assessment, apart from not producing significant results in the field of environmental protection, also acts as a stimulus for the perpetrators of misdemeanors and promotes corruption.
This is stated in the analysis "Project environmental impact assessment - analysis of the legislative framework and changes in penal policy" conducted by a non-governmental organization Eco-team.
"The analysis of court processes and fines shows that in a significant number of cases the courts impose minimum fines, with the possibility of paying 2/3 of the fine within 15 days, further reducing the amount of the fine, which for large investment projects and planned profits, such as in the case of hotels, concrete production plants and the like, it represents a negligible cost for the project owner. Also, in a significant percentage of cases, the courts impose sentences lower than the legally prescribed minimum sentence", said the executive director of Eco-team Milija Čabarkapa.
From that NGO, they state that since 2018, misdemeanor courts have passed 23 court rulings in misdemeanor proceedings based on the Environmental Impact Assessment Act. In 18 cases, i.e. 78 percent, the courts imposed fines on the defendants, in four cases, i.e. 18 percent, the courts passed acquittal verdicts, while in one case, the Court for Minor Misdemeanors issued a decision to suspend the proceedings.
"Based on the total number of imposed fines, in 22% of cases, a legal entity was sentenced to a penalty lower than the legally prescribed minimum fine for a legal entity, which amounts to 2000 euros. In these cases, the defendants were fined from 450 euros to 1600 euros. In 43% of cases, the court imposed minimum fines on legal entity defendants in the range of 2000-3000 euros, with the possibility of paying 2/3 of the fine within 15 days, further reducing the amount of the fine," says Čabarkapa.
Eco-team, with the support of the non-governmental organizations KOD, Zumiraj and Network for Youth Activism, sent the Initiative for Amendments to the Law on Environmental Impact Assessment in the part of penal provisions to the Ministry of Ecology, Spatial Planning and Urbanism, with the aim of increasing the amount of the minimum fine which can be imposed for minor misdemeanor offenses. The main goal is to encourage amendments to laws that would prevent damage to the environment and contribute to the reduction of corrupt practices, the Eco-team points out.
"Additionally, there remains significant room for improving the knowledge and capacity of judges in the context of understanding the negative impacts of certain projects on the environment," concludes Čabarkapa.
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