Prevention and Law Enforcement in environmental, energy and climate matters

The second day of the conference revolved around prevention and law enforcement in environmental, energy and climate matters. This day commenced with the presentation by Dr hab. Jerzy Jendrośka, Professor of the University of Opole and a member of the Aarhus Convention’s Compliance Committee, who explained the origins and normative development of the environmental impact assessment procedure, particularly focusing on the main elements of the Environmental Impact Assessment (EIA) Directive, Strategic environmental impact assessment and Habitat Directive. Mirko Popović and Jovan Rajić from RERI presented an example of a successful strategic litigation case which stopped illegal construction within a cultural heritage site, in which RERI as a CSO was granted a firm legal standing as a defender of public interest. Aleksandra Bujaroska and Peter Vajda from the Energy Community Secretariat provided their reflections on application of EIA Directive in the Western Balkans, analysed cases and amendments of the Directive, highlighting positive examples as ways of improving the quality of the EIA procedure.

At the following session, Professor Mirjana Drenovak shared her expertise on discretionary assessment by the authorities within legal boundaries in administrative environmental procedures and the role of judicial oversight in environmental matters. 

The conference then went beyond the law and fostered discussion on various dimensions of decarbonisation, from economic and energy perspectives. Sanja Bogojević, Professor of Law at the University of Oxford and a member of RERI Advisory Board spoke about legal and policy frameworks surrounding the decarbonisation of European markets, particularly focusing on the EU ETS, state aid revisions and alternative market creation, such as hydrogen. Mirza Kušljugić, from RESET Center and a tenure professor in Power Systems at the Faculty of Electrical Engineering from the University of Tuzla, addressed the urgent need for decarbonizing the power sector in the Western Balkans, which implies transitioning from outdated coal power plants to renewable energy sources.

Aleksandar Kovačević, Senior Visiting Research Fellow at the Oxford Institute for Energy Studies, gave a presentation on challenges Western Balkan region would face during the energy transition, mainly emphasizing the issue of the unstable rule of law, while exploring historical examples and the challenges of balancing regulation with market stability. 

The next two presentations delved into the challenges of inspection surveillance in Serbia and Montenegro. RERI’s legal expert, Hristina Vojvodić, outlined the legal obstacles the organization faces in securing legal standing during inspection procedures, despite its role as an environmental NGO representing public interests. Meanwhile, Vuk Iković from the Montenegrin organization “KOD” discussed the case of wastewater pollution in the Zeta River caused by a local dairy plant, emphasizing the practical and legal difficulties encountered, including the pressure put on inspectors that undermined their ability to enforce essential environmental regulations. RERI’s lead attorney Jovan Rajić concluded this discussion by underlining the legal challenges in monitoring procedures and inadequate sanctions for companies in commercial offence procedures.

Jana Iković and Nevena Petković from the Centre for the Protection and Research of Birds in Montenegro presented the institutional challenges related to the protection of the Nature Park “Ulcinj Salina” including a review of the state of the environment, with particular reference to the permitting and planning procedures. 

Energy Community’s environmental expert, Aleksandra Bujaroska, provided an in-depth analysis of the announced measures to increase renewable energy projects and their implications on environmental impact assessment and permit-granting processes.

Highlights:

• In an EIA procedure, it is particularly important to consider alternatives, and ensure that public authorities verify the accuracy of reports, upholding the precautionary principle in legal decisions, to ensure that in case of uncertainty the court decisions favour nature protection.
• While many countries have created expert bodies to prevent political influence in EIA procedures, concerns about biases persist. Good practices require external reviews when challenges arise, shifting the burden of decision-making to experts rather than developers.
• The penalties for pollution in Serbia are inadequate, allowing the investor to decide when and how to comply, leaving the public to hope that, due to their corporate culture, they might act mercifully.
• While discretionary assessment in Serbian administrative law is crucial for environmental protection, it must operate within legal boundaries, ensuring decisions are legally sound, predictable, and aligned with environmental law principles and standards.
• There is an urgent need for decarbonization in the Western Balkans, with the transition from coal to renewable energy being crucial for both short-term security and long-term sustainability, as the delayed investments and decisions in the power sector are already having significant consequences. 
• The lack of investments, driven by an unstable rule of law, leads to energy shortages, higher bills and economic disruptions, therefore, it is important to establish a functioning legal framework to avoid a repeat of past crises and ensure energy security.