Conflict between Human Rights and Economic Interests
The 1978 Law of Contracts and Torts envisages the submission of a specific type of lawsuit that may be filed by one or more people when one or more people are at risk of harm. Such lawsuits have been dubbed “environmental lawsuits” in legal parlance. However, there are no records that anyone has ever filed such a lawsuit in the past 40 years. BCHR conducted a several-month research on legal protection of the environment. The handbooks to be presented later this month provide an overview of the valid framework for environmental protection and the legal instruments that citizens and organisations may apply to protect their constitutionally guaranteed right to a healthy environment. BCHR’s associate Dr Aleksa Radonjić told Vreme that the lawsuit provided for in the Law of Contracts and Torts was clearly introduced to protect the environment, although it is not called an environmental lawsuit. “Under Article 156 of the Law of Contracts and Torts, everyone may demand of others to prevent occurrence of harm or eliminate the risk of harm and take measures to prevent the occurrence of harm.” Environmental lawsuits are preventive, and the risk of harm may concern the plaintiff or an indeterminate number of people. Under the law, such laws may be filed by individuals or civic associations when there is risk of harm. Not one such lawsuit claiming harm to a larger number of people has been filed in Serbia since 1978. The courts only ruled on lawsuits filed by one person against another. The handbooks we prepared depart from the constitutional right to participate in the protection of the environment. The Belgrade Centre for Human Rights collected all the relevant information needed by those who want to resort to legal means to protect the environment need,” Radonjić added. (more…)