The development of the right to public participation in environmental matters as a new concept of administrative decision making in Serbia
Abstract
In recent years, environmental law and pol-icy have undergone a change of governance models, shifting from central state, top-down regulation to more transparent, local decision making structures involving private companies, non-governmental organizations, concerned cit-izens and interest groups. The Aarhus Conven-tion became a part of the Serbian legal system in 2009. Its provisions not only strengthen third-par-ty rights to participate, but furthermore oblige state authorities to be active in involving citizens in environmental decisions. The question arises about the extent of consequences of this devel-opment at the international level for the national legal system.Analysis of the implementation of the Gen-eral Administrative Procedural Act (GAPA) and the Law on Environmental Protection in Serbia shows that social actors used to be allowed to participate in citizens forums and decision mak-ing in environmental matters, and their role was important only if they were directly and ind...ividu-ally concerned. This situation changed partially in 2004 with the adoption of new laws. The article examines recent cases in which the public and public concerned were not able to participate in environmental decision making, even though the law stipulated such a possibility. The article examines the consequences of implementing a new model, where representatives of collective interests would be able to infuence environmen-tal decision making, proposed by the Draft of the new GAPA.
Keywords:
general administrative procedure / environmental impact assessment / development of the right to public participation / administrative decision makingSource:
Transylvanian Review of Administrative Sciences, 2015, 11, 44, 74-90Publisher:
- Babes-Bolyai Univ, Cluj-Napoca
Collections
Institution/Community
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Drenovak Ivanović, Mirjana PY - 2015 UR - https://ralf.ius.bg.ac.rs/handle/123456789/839 AB - In recent years, environmental law and pol-icy have undergone a change of governance models, shifting from central state, top-down regulation to more transparent, local decision making structures involving private companies, non-governmental organizations, concerned cit-izens and interest groups. The Aarhus Conven-tion became a part of the Serbian legal system in 2009. Its provisions not only strengthen third-par-ty rights to participate, but furthermore oblige state authorities to be active in involving citizens in environmental decisions. The question arises about the extent of consequences of this devel-opment at the international level for the national legal system.Analysis of the implementation of the Gen-eral Administrative Procedural Act (GAPA) and the Law on Environmental Protection in Serbia shows that social actors used to be allowed to participate in citizens forums and decision mak-ing in environmental matters, and their role was important only if they were directly and individu-ally concerned. This situation changed partially in 2004 with the adoption of new laws. The article examines recent cases in which the public and public concerned were not able to participate in environmental decision making, even though the law stipulated such a possibility. The article examines the consequences of implementing a new model, where representatives of collective interests would be able to infuence environmen-tal decision making, proposed by the Draft of the new GAPA. PB - Babes-Bolyai Univ, Cluj-Napoca T2 - Transylvanian Review of Administrative Sciences T1 - The development of the right to public participation in environmental matters as a new concept of administrative decision making in Serbia EP - 90 IS - 44 SP - 74 VL - 11 UR - conv_3364 ER -
@article{ author = "Drenovak Ivanović, Mirjana", year = "2015", abstract = "In recent years, environmental law and pol-icy have undergone a change of governance models, shifting from central state, top-down regulation to more transparent, local decision making structures involving private companies, non-governmental organizations, concerned cit-izens and interest groups. The Aarhus Conven-tion became a part of the Serbian legal system in 2009. Its provisions not only strengthen third-par-ty rights to participate, but furthermore oblige state authorities to be active in involving citizens in environmental decisions. The question arises about the extent of consequences of this devel-opment at the international level for the national legal system.Analysis of the implementation of the Gen-eral Administrative Procedural Act (GAPA) and the Law on Environmental Protection in Serbia shows that social actors used to be allowed to participate in citizens forums and decision mak-ing in environmental matters, and their role was important only if they were directly and individu-ally concerned. This situation changed partially in 2004 with the adoption of new laws. The article examines recent cases in which the public and public concerned were not able to participate in environmental decision making, even though the law stipulated such a possibility. The article examines the consequences of implementing a new model, where representatives of collective interests would be able to infuence environmen-tal decision making, proposed by the Draft of the new GAPA.", publisher = "Babes-Bolyai Univ, Cluj-Napoca", journal = "Transylvanian Review of Administrative Sciences", title = "The development of the right to public participation in environmental matters as a new concept of administrative decision making in Serbia", pages = "90-74", number = "44", volume = "11", url = "conv_3364" }
Drenovak Ivanović, M.. (2015). The development of the right to public participation in environmental matters as a new concept of administrative decision making in Serbia. in Transylvanian Review of Administrative Sciences Babes-Bolyai Univ, Cluj-Napoca., 11(44), 74-90. conv_3364
Drenovak Ivanović M. The development of the right to public participation in environmental matters as a new concept of administrative decision making in Serbia. in Transylvanian Review of Administrative Sciences. 2015;11(44):74-90. conv_3364 .
Drenovak Ivanović, Mirjana, "The development of the right to public participation in environmental matters as a new concept of administrative decision making in Serbia" in Transylvanian Review of Administrative Sciences, 11, no. 44 (2015):74-90, conv_3364 .