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The protection and improvement of the environment represent a necessary condition for the enjoyment of basic human rights, particularly the right to life, as well as all other economic, social and political human rights. Recent decades have witnessed the recognition of the right to an adequate environment as a specific basic human right. This paper represents the concept of right to an adequate environment in European Union law according to different aspects. Firstly, the analysis begins with the brief historical overview of the right to an adequate environment. Secondly, the article examines right to an adequate environment under the Charter of Fundamental Rights of the European Union. Thirdly, the focus of the paper refers to an attempt to clarify and elaborate the right to an adequate environment according to the jurisprudence of the European Court of Justice and European Court of Human Rights. In addition, the right to an adequate environment is introduced and explored under the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention). The paper pointed out the importance of the Aarhus Convention, since it represents the first international legally binding instrument that links environmental protection and human rights norms. Furthermore, the right to an adequate environment is also considered as the segment of the law of the Republic of Serbia. To conclude, the authors present a brief opinion concerning the existence of the right to an adequate environment in European Union law and make some suggestions related to the improvement of the protection of this human right.

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The importance of Europeаn Union (EU) horizontal legislation derives from their systematic character. Without the procedures that some of these regulations govern the objectives of the various other areas are not achievable. Although each regulation has its own specific aims their interpretation should be viewed in the context of the overall goals established by the Treaty of Lisbon and the VI Environment Action Programme. The paper summarizes the main EU regulations of the horizontal character. This includes a number of different regulations concerning the following, inter alia: the environmental impact assessment, strategic environmental assessment, public participation in decisionmaking, access to the information in the environmental field, the liability for the damage to the environment (both civil law and criminal law), the financing in the environmental field, the establishment of the European Environment Agency, the establishment of the European Pollutant Release and Transfer Register, the establishment of the Infrastructure for Spatial Information, the inspection work in the environmental field, and so on. In addition, it is highlighted the importance of the EU horizontal legislation in the context of the harmonization of the national legislation of the Republic of Serbia (RS) with the EU’s. It is believed that one of the provisions of RS in the field of horizontal legislation complies with the relevant EU regulations (environmental impact assessment, strategic environmental assessment), while the other part of the regulations need further improvements.

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Time has passed and the time to come to us imposes an obligation to act responsibly towards the natural environment and to society at whole. Obligation that is before us is not only to preserve its natural resources and wealth on behalf of future generations, but also a request to change current attitude and habits, in order to support sustainable development and there by create high-quality attitude towards ecological development of countries. Sustainable development to create the conditions in which the application of the standards imposed by ecology as a science comes to life. Changes in society are inevitable process, arising as a natural process, or as a process of conscious and unconscious human activities. The relationship of change and sustainable development is specific. This relationship is the need to satisfy the current tangible and intangible needs of society, and to conserve natural resources, culture and heritage for generations to come. The process of sustainable development must go far beyond the simple conservation of natural resources, he must point the way towards the development of ecological, economic growth enable by applying environmental standards at the same time.

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The legal environment is a prerequisite for a healthy and prosperous society and all citizens who live in it. The specificity of environmental protection is reflected in the development of a wide range of activities aimed at organizing the system of preventive responding to threats to its resources. But as a rule, preventive action is not always able to provide the necessary level of protection of basic resources that make up a healthy environment. It is therefore necessary to adopt appropriate legal instruments to improve the legal opportunities for environmental protection including the system of repressive (criminal) actions. Given the importance of the environment for each member state European Union has launched a wide range of activities to raise the level of both normative and institutional care. Serbia after gaining the candidate status for membership in the European Union committed itself harmonizing its national legislation to European instruments. Consequently, a necessary step in meeting EU membership refers to the implementation of European instruments governing the legal protection of the environment. In this section, shall be covered by main groups of regulations which set the legal framework for current and future legal environment. Accordingly, author of the work, using appropriate methodological approach, point out the main subject headings which regulate the issues of environmental protection in the European instruments with regard to their potential application in national law.

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The paper analyzes provisions of the Lisbon Treaty that are directly related to the environmental field. Provisions related to the objectives and competencies of the European Union (EU) in the environmental field are especially emphasized. Importance of the new environmental elements introduced by the Lisbon Treaty is pointed out because of their importance for the environmental protection system (international legal personality of the EU, EU democratic capacity enforcement and public participation, strengthening the role of some EU institutions, etc). Apart from that, some provisions of the Lisbon Treaty that are related to the other fields relevant to the area of environment are also mentioned in the paper. Paper gives general cross-section of the structure of the EU regulations in the environmental field within the prescribed capacity of the organization. The EU adopted more than seven hundred regulations which in systematic manner regulate particular issues in the environmental field. The main thesis of the Author is that the importance of the Lisbon Treaty for the Republic of Serbia (RS) should be considered in the context of modernization of the national politics’ goals in the environmental field, not (directly) related to the dynamics of the EU integration process of the RS. This attitude is based on several arguments: universal character of the values promoted by the Lisbon Treaty, the need for more effective inclusion of RS in international cooperation, the need of RS’s functional cooperation with the EU, the necessity of realisation of (contemporary) national policy goals in the environmental field, etc.

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Connection between recovery of environment and health of human population became apparent and unavoidable in all spheres of activity of human society, and even in those areas in which, until just a few decades ago, their importance was neglected. However, threats to the environment and, as a result, jeopardized public health, set this connection in the focus of all subjects – economic, political and legal, at all levels, particularly at the national and international level. Center of interest in this study is health impact assessment which suggests a connection between the principles, values and goals of EU policies. Health impact assessment is a concept which has not been analyzed in our literature almost at all. During its existence health impact assessment has been gradually involved in national and international policies, and administrative procedures. Its primary objective is to provide decision makers a scientific, independent and impartial approach to decision making, and in a broader context, to enable the inclusion of the principle of health in all policies in all relevant EU policies, including environmental policy. The aim of this paper is to initiate discussions on the benefits and advantages of the introduction of health impact assessment in the national legal framework, by acquaintance with the concept, development and procedural aspects of the instrument.

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One of the achievements of modern law is a human right to a life in a healthy environment. In addiction to the various international standards, this right is guaranteed by the Constitution of the Republic of Serbia. It was proclaimed as a basic human right whose protection was given the nature of the constitutional principles. The Constitution of the Republic of Serbia in 2006. in Article 74 „Healthy Environment“ stipulates that everyone has the right to a healthy environment and to be promptly and fully informed about its condition. The Article 268 of the Criminal Code (2006) contributes to the importance of the access to information on the environment and the public participation in decision-making in this field and as to the right to obtain information about the state of the environment, guaranteed by the Constitution. This Article provides special criminal-legal protection or punishment for its offence: „Violation of the Right to be Informed about the Condition of the Environment“. According to the legislative solution, this criminal offence consists of withholding information or giving false data on environmental conditions or trends that are necessary for the estimation the risks to the environment or for the protecion human life and health. Thus, all necessary terms and conditions were met for the full, highquality and effective impementation and protection of the right to be informed about the environment.

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The imperative of constant production and consumption resulted in depletion of natural resources and the generation of large quantities of waste. This paper is reviewing the causes of growing economic, environmental and social problems. We tried to investigate the responsibility of the individual and / or systems, and the role of the state in controlling these processes. We analyzed the mechanisms and motives of the modern market economy, aiming to show that the dominant economic principles affect the harmony of the ecosystem. Conducted research we are coming to the conclusion that the truce and reconciliation ecology and economy possible and necessary in certain concessions by the second one.

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Environmental market in the contemporary times becomes more and more important segment of overall world market as a potential source of growth and development. This market by some estimates makes up to 10% of the total world market of goods and services. Between international trade and environment there is a mutually conditioned causal link. The importance of environmental protection is an integral part of the founding agreements of the World Trade Organization as a central institution of the international trading system. The Committee for trade and environment within this institution was established in 1994 and it ensures that environmental trade barriers are applied in accordance with all other trade rules of the World Trade Organization. Although the WTO does not have to an explicit group of trade barriers that are applied in the field of environmental protection, these barriers in practice can take many forms, from the specific standards that should be met by products or production processes, to the labeling of products and services, and various other measures to protect human and animal health, and overall environment. The problem of trade barriers in the field of environmental protection is that their use may be legitimate and in accordance with multilateral trade rules, but with the only aim to discriminate against foreign competition. The phenomenon when environmental trade barriers are used under the guise of environmental protection while their only aim is to discriminate against foreign competition in the scientific literature is called “green protectionism”. The phenomenon of “green protectionism” has been a systemic problem especially in the conditions of the recent global economic crisis. The subject of this paper is an analysis of regulation of trade barriers in the field of environmental protection, while the goal of the paper is to determine the quality of international trade rules in this area. Preliminary findings indicate that the trade rules in this area are insufficient, and that within these rules there is a room for the application of environmental trade barriers intended not to protect the environment but to favore domestic market participants which undermines the core principles of the world trading system. Considering the fact that protection of environment is really a question of survival and further development of mankind, the regulation of environmental trade barriers will become certainly an important segment of interest of the scientific and expert community. Perhaps even more important factor which will put this issue on the agenda of the scientific/expert community and the world’s centers of power and decision-making, is that the discriminatory character of these measures is hard to determine which makes them very suitable form of hidden protectionism in contemporary times.

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The emphasis in this paper is on the application of the concept of funding publicprivate partnership to protect the environment. Policy of the European Union underlines the importance of applying PPP in sectors such as environment, energy, transportation and health care. It is important to identify the true measure of the relationship between public and private capital and increase transparency in decision making. This paper, which is located within a wide range of literature focuses on the key legal and financial aspects of the financing of energy projects. The purpose of the research is to present a relatively complete theoretical and practical system of legal and financial problems of efficient financing of energy efficiency projects, with a focus on the application of the concept of public-private partnerships. The treated material was not sufficiently investigated in the practice of environmental management, finance and regulatory framework, as integral problems. The research is applied to the case study on an adequate sample of units that make up the various relevant institutions. Seizing the results of the research led to the conclusion that the studied subject should be given more attention by using the concept of this work. The proposal is to be transformed environmental rhetoric into concrete action, both in the legislative area and in the area of financing environmental projects, which together lead to the successful implementation of the Energy Strategy for easier access to EU funds. Lack of capital is still the major obstacle for the implementation of energy efficiency projects, particularly in developing countries. Today imposes a treaty and cooperative actions of representatives of public and private sector and the public to find environmental solutions that will allow us to protect our property and our planet’s ecological environment. All sectors must unite their efforts – one cannot work in isolation. Public-private partnerships should contribute to reducing environmental risks for the company and to determine the places in the market for innovation and development. In this paper are presented the relative changes based on a defined strategy for energy development in the Republic of Serbia from 1990–2015.

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This article is designed for those who want to familiarize themselves with the general information that is related to the state of energy efficiency in the Republic of Serbia, the possibilities for future improvements, compliances with primarily European and then other global norms, and the potential for investments in the various projects in this area. In the desktop survey we performed we covered and analyzed approximately 5000 pages of various publicly available material and give basic insight into the state of energy resources, environmental conditions and legal regulations related to energy efficiency and compliance of the same in relation to the base of the European Union legislation. For the purposes of this reserarch only the most prominent and imporatnt legal analysis are used. The article offers a basic overview of the processed data in an accessible way, because it often happens that the concepts that should be and that would even have to be clear and unambiguous to all citizens (and the authors are unanimous in their assessment that is so in the case of energy efficiency) often reach poor and / or in just one language, which slows the deployment of useful and sometimes necessary activities, projects, plans, programs, concepts and ideas. So, the intention of the authors was to describe and explain all about energy efficiency and related areas in Serbia, but collecting public, easily accessible, secondary, but relevant data, that could reflect the “energy efficient Serbia” in a way that should serve as a basis for future research and practice.

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The Directive of the Council 2003/105/EC, gained its popular name following the industrial accident at Seveso, Italy. The aim of this Directive is to prevent and limit the consequences of major accidents involving dangerous substances for man and the environment. Since its first version, adopted in 1982, it has undergone a transformation of three amendments, and its newest version (Seveso III) is currently in the process of deliberation by the Council, on the Commission’s proposal. The Seveso Directive has established itself as a cornerstone of the industrial safety system in the EU, due to its precise and wellelaborated legal rules of material and procedural character. In the course of this article, author analyses the legal workings of the Directive, concentrating especially on the scope of terms such as “major accident”, “serious danger to human health and environment” and thresholds of danger, which form the essence of the Directive’s practical functioning. He concludes that, although these terms are opened for discretionary interpretation, the overall effectiveness of the Directive is not compromised. In the second part of the article, author deals with the transposition of the Directive into the Serbian legal system, which was achieved through a Law on the Protection of the Environment, adopted in 2009. Author concludes that the provisions of this general law suffice to enable the conclusion that the Directive’s main aims have been incorporated in Serbian system of legal environmental protection. Then he moves on to analyse the institutional capacity of the Republic of Serbia for succesful implementation of Directive’s aims, by analysing the National Strategy for the Approximation in the field of the environment protection, designed by Serbian government. He pinpoints the advantages of the strategy’s approach, such as the inclusion of multi-sector management, while at the same time he denotes the flaws, as for example is the lack of coordination between various instituions involved in the implementation process. Finally, author gives a review of the Commission’s proposal for the amendment of the Directive (Seveso III), stating that the proposal is in line with recent developments in the international environmental law, thus giving his full support for the adoption of the amendment.

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An important part of environmental protection policy is education, through specialized EU academic programmes, especially important for raising Serbian Higher Education institutions awareness on enhancing the quality of education in compliance with the European Higher Education Area. Agriculture is one of most important areas in overall European economy, with Common Agricultural Policy (CAP) being one of oldest and probably most regulated among European Union policies. From 1962 CAP is the instrument that unites complete agricultural production in the Union. Changes and adoptions done in last decade clearly show direction towards rural development instead of intensive production as one of CAP major goals. Important part of rural development policy is environmental protection and sustainable production and development, and those premises are included in almost all activities of EU managed and financed activities. Six so far completed specialized Environmental Action Programmes helped to improve both EU legislation and practice in member countries in direction of sustainable development and organic production. For Serbia, this issue is extremely important as it should follow, among other, trends in EU agricultural policy in order to successfully join Union in near future. Quality Higher Education in area of environmental protection and sustainable development is important asset in this process.

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By the Action plan, the Commission set out its general guidelines on organic farming. It is beneficial for the whole community and especially for the environment. The Commission believes that the development of organic farming must be based firstly on the interplay of supply and demand. The emphasis must therefore be placed on the expectations of consumers, who need to be better informed about the principles, objectives and benefits of organic farming. The Commission proposes launching an information and promotion campaign throughout the European Union to promote the Community logo. It also plans to set up an on-line database to allow comparison of Community standards with national and international standards, and to improve the collection of statistical data. The Commission urges Member States to make full use of all the Community instruments and measures, such as national and regional action plans, available within their rural development programmes. It also plans to develop a specific accreditation system for inspection bodies and publish an annual report from the Member States on their supervision. In addition, it proposes prohibiting the labeling of products containing GMOs as organic. Also, the Commission proposes asking the Council for a negotiating mandate to reinforce recognition by third countries of EU organic farming standards and inspection systems. The Commission proposes capacity-building in developing countries and facilitating trade in organic products from those countries, and it plans to establish new import arrangements under Regulation (EEC) No 2092/91. Also, the Commission aims to preserve the integrity of organic farming by making Community rules more transparent and increasing harmonization so as to reduce obstacles to trade caused by the existence of too many different standards. For the same reason, the Commission proposes developing a multilateral concept of equivalency based on the Codex Alimentarius standards. Significance of the Action plan for the Republic of Serbia is reflected in the National Action Plan for Organic Production, as well as in the Action Plan for Organic Agriculture of Town Novi Sad.

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Water is a condition of life on earth. As a very important public good, water has to be a fundamental right of every man. Intensive use of hydrological resources provides economic prosperity and development, ecology, but set a number of current scientific and application problems. In this case it is the basic element of water protection strategies. The economic price of water resources, including the protection of water, must be the basis of new strategies and approaches for environmental protection. The EU countries have regulated the problem of water protection through a series of Directives. The most important is the Water Framework Directive, which consolidates all the other directives in the field of water and water protection. Serbia adopted a new Water Act in line with European standards in the field of water and environmental protection. All countries in the region have aligned their national laws, regulations, standards and institutions in the field of water and environmental protection with the European Union.

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The Water Framework Directive (WFD) is the basic legal document that defines the protection and conservation of water in Europe and provides its high quality and long-term use, the exact standards set by the Member States must reach the established date. The Directive applies to the surface, transitional, coastal and groundwater. Water protection in the Republic of Serbia is legally regulated by the Law on Environmental Protection and Water Act. The Law on Environmental Protection has defined adoption of the National Strategy for Sustainable Use of Natural Resources and the National Environmental Protection Programme as the main strategic documents. This law introduces the categories of areas of special interest in the field of environmental protection. Government is the competent authority to set criteria, and identifies areas of special state interest in protecting the environment, and the amount and method of payment for environmental pollution in these areas. Water Act regulates the legal status of the waters, integrated water management, water facilities and water land, resources and financing of water services, as well as other issues of importance to water management. Existing regulations should be a legal basis for further upgrades in the field, with the aim of ensuring water quality, water management, irrigation and the fight against drought. In the field of water harmonization of legislation of the Republic of Serbia with the legislation of the European Union, which is primarily related to the process of intensive care environment, is developing in the direction of harmonization of the legal status of the concept of water as a strategic resource in Europe.

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Trends in the global economy to a large extent define the current and future prospects of the human environment, natural resources and the general concept of healthy living. The European Union at the global level is a factor that succeeds through a variety of measures to protect the environment, respecting the standards in food production, as well as in the implementation of measures to reduce greenhouse gas emissions, undoubtedly become a leader in the world in terms of regulation and enforcement measures in the field of climate and energy policy. In this sense, the subject’s research related to one of the provisions of the so-called. Set of EU regulations in the field of climate change and energy, which was adopted in 2009, which implements a new and very courageous decision for the future of not only the continent, but also around the world? A particular aspect of attention in this paper focuses on one part of this set, which is related to the Renewable Energy Directive. This Directive deals with all the issues that are important in the context of renewable energy sources, and particular attention is paid to the use of biofuels as an alternative form of energy. The paper analyzes only some of the solutions from the set of EU rules and to the decisions concerning the biofuel, which is the energy future. Bearing in mind the amount of matter that is the subject of research, in this paper, attention will be paid to the provisions of the most significant characteristics of a set of rules, as well as some new solutions that have been adopted by Directive in the way of producing different types of biofuels.

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Paper “Directive of the European Parliament and Council of motor fuels content” presents analysis of EU Directive 2009/30/EC of motor fuels content in line with health and environmental protection reasons and introduction of the mechanism to monitor and reduce greenhouse gas requirements. Directive sets the frame in which the member countries shall ensure that petrol and diesel fuel placed on their markets comply with environmental requirements set in Annex I and Annex II, and to set the mechanism for monitoring the life cycle greenhouse gase emmission. Criteria for greenhouse savings from the use of biofuels is set as well.

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This paper discusses issues related to the legal basis for accountability in the system of environmental protection measures. The method of analysis of legal instruments concluded that the classical principles of responsibility for the damage in this area, in modern terms, they could not provide adequate protection. New and more efficient basis accountability proved to be necessary. The “polluter pays” and “agree on green consumption”, which in most national legislations taken from international instruments, are a special form of strict liability, which, in essence, does not imply a causal relationship between the operator and damage. Although this new form of responsibility include certain segments of tax policy and economic measures, it appears that he has a logic of its legal existence and economic feasibility.

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Environmental degradation with various illegal acts is a major problem of modern society. Many problems have led to that the protection of environment has become a preoccupation of the modern man, and a human rights together with the environmental protection has become inextricably linked. The influence of illegal activities that are subsumed by this term exceeds the limit of environmental degradation and leads to the consequences of wider social and economic character, which reflects negatively on the overall social development. Considering the great importance of planning, promotion and protection of the environment, the international community has set legal standards in this area that Member States are obliged to implement in their national legislation. In this regard, the European Union is a significant part of its activities focused on the organization of system maintenance, development, promotion and protection of the environment. EU action in this field, especially criminal law protection of the environment at the EU level have been treated in this paper. Special emphasis is placed on the analysis of the Directive 2008/99/EC on the protection of the environment through criminal law.

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The problems of preventing and combating environmental crime in the Republic of Serbia, existed and continued a very long period of time. Ecological crime, is one of the newer phenomenon of the modern world, which is a great threat to the security of people, other living beings and the ecological treasures available to Earth. This form of criminal violence in recent years has become one of the most dangerous forms of crime that is spreading and increasing day by day. However, the ecology of threatened and pollute the environment and other activities. Legal norms and regulations, did not meet the expected results because it did not fully address this phenomenon. In addition to the legal unsolved, the problem occurs, and contempt of the existing legislation, and judicial and security authorities do not have adequate mechanisms to prevent and combat this phenomenon.

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People harm, destroy, damage, pollute and imperil environment their various activities. That is a consequence of conscious neglect or non-implementation of the rule, technical guidelines and standards in management of various dangerous sources of energy and raw materials, or management or other ways of dealing with dangerous appliances. Such neglect or mismanagement create an environment with various kinds, ranges and dimensions of risks and accidents which encompass a certain location and everything that happens to exist within the range of the zone of the possible devastating effects. Such activities of individuals, groups, even some states represent prohibited, forbidden, culpable and it is the word on prohibited activities in the field of management, preservation, improvement and protection of the people’s life and working environment regardless of the range of the location, all these kinds of criminal acts could be labeled as ecological delicts. There are several kinds of ecological delicts and their classification depends on the range and intensity of their consequences on the environment, also they depend on the activities in question, the characteristics of the offending act and legal and sub-legal norms and regulations of general character and the types of prescribed penalties for the ecological criminal acts (basic and secundary). In this papet author has analyzed theoretical and practical forms of ecological criminal acts from secundary law.

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In the last decades, Environmental Law as a separate branch has experienced the development that follows the significance of environmental protection. It is about a human right, with appropriate protection, on national, communitarian and international level. Legal regulation implies a high level of compliance and a special role of juridical system, with both preventive and repressive function. Environmental Criminal law is being formed with specific forms of responsibilities in criminal procedures. Ratio legis legal protection of environment is a part of certain fulfillments of international obligations of our state. Citizens have the right to be informed about all that, with an option to influence environment themselves, report violation of some right if there is any and to access judiciary, if those rights are violated.

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This paper deals with the environmental protection and the European Convention on Human Rights and jurisprudence of the European Court of Human rights in this field. In the early years of the Convention’s life, any individual seeking to have their right to environment protected under the European Convention would have seen his application being dismissed as illfounded ratione materiae because no right to environment is proclaimed as such in the Convention nor in its protocols. As it was elaborated in this paper, this fact has not been an insurmountable obstacle to a creative approach by the Court to protect indirectly some connotations of a human right to environment, thanks to an exercise of judicial activism and judicial self-restraint. This protection was realized mostly through Article 8 of the Convention, but also via other articles of the Convention.

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Being one of essential components of and fundamental preconditions for animal welfare, animal health holds a high position among the priorities of the European Union. Apart from outstandingly positive tendencies when it comes to creating not only national but international normative frameworks for animal protection on the level of entire Europe as well, animal health is considered such an important issue due to its close correlation with human health. Everyday use of products of animal origin for nutrition, clothing or medical treatments, direct or indirect contact with domestic or wild animals or house pets and use of animals for scientific or experimental purposes represent some of the situations in which inadequate animal health protection may strongly affect and threaten life, health and welfare of humans, but also survival and sustainable development of economy, i.e. its branches, including food industry, animal husbandry, hunting, fishery, tourism etc. That is the reason why EU Animal Health Strategy, in spite of its lack of formal legal strength, strongly influences normative and practical activities of the EU and its member states directed toward protection, conservation, monitoring and prevention in that field. Having in mind the efforts our country has been making in the process of harmonizing its environmental legislation with EU requirements and fulfilling the standards imposed in that sphere, becoming familiar with and critically analyzing the provisions of this strategic document represent useful preparations for its future implementation. Therefore, the author of this paper attempts to present contents of the EU Animal Health Strategy, motives for its adoption, its goals as well as methods planned for their accomplishment. Besides, the author draws a comparison between the provisions of this Strategy and the newly adopted EU Animal Welfare Strategy and points out possible tendencies in the development of member states’ policies in the field of animal health and welfare.

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This paper will be discussed on the relationship of man to animals through history and status of animals in the 21 century and the eternal question of whether they are objects or subjects of rights. Also, analyze the increased incidence of violence against animals, legal regulations in the area of their protection and opportunities for improving the system and mechanisms for the protection of animal rights. Depicting some solutions in Comparative Law and their comparison with the Serbian solutions, will answer the question of what steps need to be taken to improve the legal framework in this area.