Abstract
The right to a healthy environment is an absolute priority of the modern society. A specific economic instrument aimed at protecting the environment at a global level is the compensation for environmental pollution, based on a principle of environmental protection called "pollutant pays". The essence of a civil liability for environmental damage is that potential pollutants should adjust their activities to the requirement of causing minimal changes in the environment and reducing the risk of damage to a minimum. In addition to the significance and characteristics of the "pollutant pays" principle, the paper presents the provisions of the Act on Environmental Protection. There is also included an analysis of the provisions of the Convention on civil liability for damage caused by environmental hazards, and the provisions of the Environmental Liability Directive related to the protection and elimination of environmental damage.
Highlights
The concept of environmental sustainability is one of the primary principles based on the human right to a healthy environment
Given that national legislation is based on the legal framework of the European Union, in the context of the topic of the paper, it is important to present in more detail the provisions of the Law on Environmental Protection concerning the principle of “polluter pays”, the Council of Europe Convention on Civil Liability resulting from activities dangerous to the environment (1993), which is the basis of objective liability of polluters for damage that the polluter may cause during its activities, as well as the Directive of the European Parliament and the Council on liability for environmental damage 2004/35/CE
The right to a healthy environment is an absolute priority of modern society
Summary
The concept of environmental sustainability is one of the primary principles based on the human right to a healthy environment. It is woven into regulations of a national character (Constitution, laws, and strategies), as well as into the most important European and global policies and principles. According to Article 74 of the Constitution of the Republic of Serbia (2006), “everyone has the right to a healthy environment and to timely and complete information on its condition.”. The same point stipulates that “the polluter bears the total costs of measures to prevent and reduce pollution, which include the costs of environmental risks and the costs of eliminating the damage caused to the environment.”. The paper will deal with the issue of how the European framework of civil liability for damages caused by activities dangerous to the environment is regulated because the regulations of the European Union are an important foundation for national legislation
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