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Case Law of the Constitutional Court of Slovenia and the Protection of the Environment

Author

Listed:
  • Mirjam Skrk

    (University of Ljubljana)

Abstract

This paper gives an analysis of the Slovenian Constitution, its provision on a healthy living environment and other relevant provisions, including those on the jurisdiction of the Constitutional Court. They provide the legal basis for the Constitutional Court to review laws and other regulations that relate to the protection of the environment. Examination of the jurisprudence of the Constitutional Court proves that it has developed well-established case law on who may be granted standing in environmental matters and has set standards as to what extent certain measures and their impact on the environment may be tolerated in order to remain within the limits of constitutionality and legality. The Constitutional Court has been extremely cautious with respect to all proceedings prescribed by law and treaties binding on Slovenia in the case of planned modifications aimed at changing the existing state of the environment, including wildlife and spatial planning.

Suggested Citation

  • Mirjam Skrk, 2012. "Case Law of the Constitutional Court of Slovenia and the Protection of the Environment," DANUBE: Law and Economics Review, European Association Comenius - EACO, issue 4, pages 31-45, December.
    • Handle: RePEc:cmn:journl:y:2012:i:4:p:31-45
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