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New edition of Legal Instruments for the Environmental Protection

This publication has been created as a part of the project “Advocacy NGOs Networks for Sustainable Use of Energy and Natural Resources in the Western Balkans and Turkey – ETNAR”. The main purpose of this publication is to help non-governmental organizations from Croatia, Bosnia and Herzegovina, Serbia, Montenegro, Turkey, Macedonia, Albania and Kosovo in environmental […]

This publication has been created as a part of the project “Advocacy NGOs Networks for Sustainable Use of Energy and Natural Resources in the Western Balkans and Turkey – ETNAR”. The main purpose of this publication is to help non-governmental organizations from Croatia, Bosnia and Herzegovina, Serbia, Montenegro, Turkey, Macedonia, Albania and Kosovo in environmental protection and sustainable management of energy and natural resources advocacy. Legal instruments can be a powerful tool for advocacy activities of environmental NGOs if they know how and when to use them within advocacy campaigns.

This publication is an extended version of the publication published in 2013 as, besides Croatia, Bosnia and Herzegovina, Serbia and Montenegro, it also includes data on Turkey, Macedonia, Albania and Kosovo. Furthermore, in this publication we want to make a short comparative overview of the most important aspects of environmental law in these eight countries, but also to prepare a manual on legal instruments that will serve organizations in Croatia, Bosnia and Herzegovina, Serbia, Montenegro, Turkey, Macedonia, Albania and Kosovo in their local advocacy campaigns for environmental protection. At the beginning of this publication, there is an overview of environmental laws in eight countries in the context of joining the EU, which is the reason why environmental legislation in the countries in the region, as well as EU member states, converges. This is followed by a detailed overview of useful legal instruments for the protection of the environment from the domain of constitutional law, as all lower-level legal regulations on environmental protection derive from the constitution. The overview of constitutional instruments is followed by the review of legal instruments of the administrative law, which are used in practice by environmental organizations the most. This is followed by an overview of legal instruments of the criminal law as the “last line of defence”, i.e. environmental protection, which are increasingly used by environmental NGOs, although these are relatively new legal instruments. At the end of the publication there is a brief overview of legal instruments from the domain of civil law, which are used by NGOs the least, because the use of these instruments is usually associated with high legal costs.
 
Legal instruments are an important advocacy tool for non-state stakeholders such as non-governmental organizations. They can be used as a tool to influence public policy that comprises not only what is written in strategies and laws, but also what government institutions and other stakeholders do in practice.

You can download the publication here.

25.01.2017.