Biblid: 1451-3188, 21 (2022)
Vol. 21, No 77-78, pp. 255-275
Received: 08 Mar 2022
Accepted: 07 Apr 2022
THE RIGHT TO CLEAN AIR IN THE LAW OF THE EUROPEAN UNION
TINTOR Ljubomir (Правни факултет Универзитета у Београду), firstname.lastname@example.org
Today, the right to clean air is considered one of the fundamental human rights at the global level. Air is necessary for the maintenance of life, and poor air quality can cause various diseases and impair health. Air pollution is one of the biggest problems and challenges when it comes to environmental protection. The main goal of this paper is to determine how the right to clean air is regulated in the EU regulations. The paper analyses the questions of whether EU citizens have an individual right to clean air, whether this right is regulated at the EU level, and what the practice of the EU Court of Justice and the European Court of Human Rights in Strasbourg is on this issue. It is analysed whether and to what extent the right to compensation for damage due to violations of air quality regulations within the EU is provided. The paper also discusses the successes and challenges of the Republic of Serbia in terms of ensuring the right to clean air and the challenges of transposing EU regulations into the internal legal order. The paper concludes that the right to clean air, as one of the fundamental human rights, is not explicitly guaranteed by EU normative acts, but that right is still recognised, and to some extent, accepted in court practice, which through each new case elaborates its scope and content.
Keywords: the right to clean air, European Union, Republic of Serbia, environment