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Frane Staničić: Approaches in Environmental Protection

8 March 2022 – Online conversation

The first dissemination event was held on 8 March 2022. It was held in hybrid form of a lecture embedded in the course Environmental Law at the Faculty of Law in Zagreb. The attendees were the students enrolled in the class and Erasmus students at the Faculty.

The lecture’s title was „Approaches in Environmental Protection” with two lecturers: Associate Professor Lana Ofak, Ph.d. with the lecture titled: “The approach of the Constitutional Court of the Republic of Croatia towards the protection of the right to a healthy environment.”, and Associate Professor Frane Staničić, Ph.D. with the lecture titled:  “The approach of the European Court for Human Rights towards the protection of the environment”.

Professor Ofak analyzed provisions of the Croatian Constitution related to environmental protection, as well as their application in the case law of the Constitutional Court of the Republic of Croatia. The main aim was to examine whether the Constitutional Court considers Croatian Constitution as prescribing the right to a healthy environment although it only explicitly prescribes the right to a healthy life. Professor Ofak also explored the Constitutional Court’s interpretation of other environmental provision that are enshrined in the Croatian Constitution. The lecture ended with conclusions which can be drawn from the case law of the Constitutional Court with an important observation that the conclusion concerning the constitutional protection of the right to a healthy environment in Croatia unfortunately cannot be deduced due to the extreme lack of cases in which applicants call for protection of this right in their constitutional complaints.

Professor Staničić analyzed the case law of the European Court for Human rights regarding the protection of environment. The analysis shows that, even though the European Convention on Human Rights does not enshrine any right to a healthy environment as such, the European Court of Human Rights has been called upon to develop its case-law in environmental matters on account of the fact that the exercise of certain Convention rights may be undermined by the existence of harm to the environment and exposure to environmental risks. Therefore, the case law shows that environmental matters were discussed when deciding on the Right to life (Article 2, Öneryıldız v. Turkey, Di Caprio and Others v. Italy etc.), Prohibition of inhuman or degrading treatment (Article 3, Florea v. Romania, Elefteriadis v. Romania etc.), Right to a fair trial (Article 6, Gorraiz Lizarraqua and Others v. Spain, Karin Anderssin and Others v. Sweden etc.), Right to respect for private and family life and home (Article 8, Guerra and Others v. Italy, Roche v. the United Kingdom, Giacomelli v. Italy etc.), Freedom of expression/Freedom to receive and impart information (Article 10, Steel and Morris v. the United Kingdom, Association Burestop 55 and Others v. France etc.), Freedom of assembly and association (article 11, Costel Popa v. Romania) and the Right to an effective remedy (Article 13, Kristiana Ltd. V. Lithuania, Kolyadenko and Others v. Russia, Pop and Others v. Romania etc.).

After the lectures a discussion was held and the students showed curiosity and asked multiple questions regarding the differences in approach taken by the Croatian Constitutional Court and the European Court for Human Rights.

Therefore, the dissemination event must be deemed as a success.

Program:

APPROACHES IN ENVIRONMETAL PROTECTION

8 March 2022

9:00 Lana Ofak, Ph.D., Associate Professor – The approach of the Constitutional Court of the Republic of Croatia towards the protection of the right to a healthy environment

9:40 Frane Staničić, Ph.D, Associate Professor – The approach of the European Court for Human Rights towards the protection of the environment

10:00 Discussion

The webinar/lecture will be held in the scope of the course Environmental Law at the Faculty of law.

The webinar will be held via the platform Google Meet https://meet.google.com/hsm-rxyk-bhe

The event is organised as part of the Central European Professors’ Network, coordinated by the University of Miskolc – Central European Academy.

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