Abstract
The purpose of this paper is to present an overview of the regulation of environmental protection in force in administrative law in the Republic of Slovenia. The author analyses basic environmental protection principles which are contained in the EU regulation. These principles are: (1) the precautionary principle (le principe de prĂŠcaution, der Grundsatz der Vorsorge), (2) the principle of preventive action (le principe d'action prĂŠventive, der Grundsatz der Vorbeugung), (3) the principle of correction at source (le principe de correction à la source, der Grundsatz, Umweltbeeinträchtigungen mit Vorrang an ihrem Ursprung zu bekämpfen), and (4) the polluter pays principle (le principe de pollueurpayeur, das Verursacherprinzip).In order to accede to the EU, the Republic of Slovenia in Article 3a of the Constitution of the Republic of Slovenia allowed the supremacy of the primary legislation of the EU over Slovenian national regulations. The above-mentioned principles of the EC Treaty are transposed into the legal system of the Republic of Slovenia by means of its environmental legislation and implementing regulations. In this paper the author analyses the public law regulation contained primarily in the Environmental Protection Act (Official Gazette RS, Nos. 39/2006, 20/2006, and 70/2008). In addition to the general regulation implemented already by the Environmental Protection Act of 2006, the last amendment to the Environmental Protection Act transposed into the Slovenian legal order the provisions of Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage.The paper focuses on the administrative legal regulation of the prevention and reduction of burdens on the environment, the conservation and improvement of the quality of the environment, the remedying of the consequences of burdens on the environment, as well as the improvement of the disrupted natural equilibrium and the recovery of its regenerative capacity. The paper furthermore analyses the application of the Environmental Protection Act as a general substantive law, as well as the special application of the procedures provided for in the Environmental Protection Act against subsidiary regulation of general administrative procedures in cases in which public and private interests are in collision or in potential collision.
Highlights
The substantive foundation of contemporary transnational and national regulation of environmental protection in administrative law in democratic societies in recent decades is no longer an anthropocentric perception of nature, i.e. that nature is exclusively subordinate to humans (Greek: anthropeioi nomos), but rather a new, ecocentric perception of nature (Greek: nomos theios)
In light of the fact that anthropocentrism as a basis for human interaction with nature has led to the damaging and in some places even to the complete destruction of nature, there is no doubt that the ecological reasoning which lies within the anthropocentric perception of nature cannot lead to its protection
Legal protection of nature can only be achieved by establishing an ecocentric foundation in positive law regulation
Summary
The substantive foundation of contemporary transnational and national regulation of environmental protection in administrative law in democratic societies in recent decades is no longer an anthropocentric perception of nature, i.e. that nature is exclusively subordinate to humans (Greek: anthropeioi nomos), but rather a new, ecocentric perception of nature (Greek: nomos theios). The above-mentioned principles and constitutionally protected rights are implemented in the Slovenian legal order through national regulations, first of all through the Environmental Protection Act (hereinafter referred to as the EPA1). The central term of modern environmental law is the subjective law of persons subject to environmental law – their legal rights and duties They are based on the general constitutional right of individuals to a healthy living environment. The paper will focus on the question of environmental protection permit as an individual administrative act and through this, the regulation of the supervision of state authorities regarding violations of administrative law statutory provisions from the field of environmental protection
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