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Chapter 46A Environmental Law of The Slovak Republic
Chapter 46A Environmental Law of The Slovak Republic
Chapter 46A Environmental Law of The Slovak Republic
I. INTRODUCTION
§ 46A:1 In general
1
Lawyer, Slovakia; Research Associate, Global Law Initiatives for Sustainable
Development.
**Professor of Law, University of Cologne.
§ 46A:20 —Forests
§ 46A:21 Agriculture
§ 46A:22 Renewable energy
§ 46A:23 —Air quality
§ 46A:24 —Emission Trading Scheme
§ 46A:25 —Water
§ 46A:26 Waste
§ 46A:27 Cultural heritage
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I. INTRODUCTION
§ 46A:1 In general
“When one tugs at a single thing in nature, he nds it attached to the
rest of the world.”
-naturalist John Muir
As the famous words of John Muir imply, the natural environment
is entangled with humans and confronted with human activities.
Hence, as a part of the human world, the environment has become
the subject of legal regulation. Legal frameworks, governing the rela-
tionship between man and nature, have become a standard part of
legal systems in most countries.
This following is a basic overview of the environmental law of the
Slovak Republic. Beginning with a brief historical summary, the
46A-2
Environmental Law of the Slovak Republic § 46A:2
nature of the legal system and the state organizations are presented
generally, putting emphasis on the bodies of state administration that
have competencies in the eld of environmental protection.
First, taking into account the hierarchies of legal norms, environ-
mental protections enshrined within constitutional provisions are
presented. Consequently, diverse as the environment itself, legal
frameworks at the statutory level, subdivided according to the subject
matter of the legislation, are presented in more detail. Being part of
the administrative law branch, the environmental laws in the Slovak
Republic are not assembled in a dedicated code, but, rather, are
regulated in many dierent statutes. Attention is also paid to the
legislation at the level of the European Union, when it becomes ap-
plicable, inuencing the national law to a large extent.
With a hope to facilitate further legal research for practitioners or
academics having a deeper interest in this topic, useful references to
sources and legal databases concerning the law of the Slovak Republic
are added as well. Moreover, two case studies at the end of the chapter
aim to demonstrate the evolution of civic society and use of environ-
mental law in practice as well as the position of the environmental
law of the Slovak Republic. They are framed in the context of
European Union and international law.
[Section 46A:2]
1
ALEXANDER, J.-GYÁRFÁŠ, J., Legal Research in Slovakia (Including a Brief
Description of Slovak Political and Legal System). Available online: http://www.nyula
wglobal.org/globalex/Slovakia.htm#legalsystem.
§ 46A:3 Constitution
The Slovak Republic's Constitution, adopted on September 1, 1992,
and eective on January 1, 1993, set the basis for the new state's
democratic and republican character, as well as for completion of the
complex social transformation following the 1989 disruption of the
Communist Party's dictatorial rule. The Constitution secured the
country's stability during the rst legislative period of the National
Council of the Slovak Republic (1994–1998), demonstrating its ef-
fectiveness as a barrier against the tendency to establish an authori-
tative regime.1
From the perspective of environmental law, Art.4 of the Constitu-
tion's General Provisions2 is of particular importance, as it stipulates
that mineral resources, caves, underground waters, natural healing
2
Ibid.
[Section 46A:3]
1
OROSZ, L., ÚstavnýsystémSlovenskejrepubliky—všeobecnácharakteristika,
hodnotenie, perspektívy, p. 48–49, in OROSZ, L. et kol., ÚstavnýsystémSlovenskejre-
publiky (doterajšívývoj, aktuálnystav, perspektívy), Košice, UPJŠ, 2009.Available
online: https://www.upjs.sk/public/media/1084/Zbornik25.pdf.
2
Title 1, Section 1 encompasses inter alia the fundamental principles, as e.g. the
democratic principle (Art. 2) or the unitarian principle (Art. 3), which dene the
46A-4
Environmental Law of the Slovak Republic § 46A:4
sources and streams are the property of the Slovak Republic. More-
over, among the constitutional rights listed, there exist also the rights
to environmental and of cultural heritage protection. According to
Art.44, every person shall have a right to the favorable environment
and a duty to protect the environment and foster cultural heritage,
whereas no person shall imperil or damage the environment, natural
resources and cultural heritage beyond the limits laid down by a law.
The scope of Art.44 also encompasses the state's duty to care for eco-
nomic exploitation of natural resources for ecological balance and an
eective environmental policy. The state shall simultaneously secure
protection of designated wild plants and animals. These constitutional
provisions provide the basis for detailed regulation in the form of
statutes and their legislation derived thereunder.
The Constitution also sets forth, in Art.55, a framework for the
Slovak Republic's economy. The pertinent provision makes a clear af-
rmation that a socially and ecologically orientated market economy
shall be established. Taking into account the constitutional basis of
the Slovak economy, as well as environmental considerations reected
in this provision, Art.55 is also of importance for public policy in a
wider sense.
character of State.
[Section 46A:4]
1
Act No. 575/2001 on the Organization of the Activities of the Government and
on Organization of Central State Administration, § 3.
[Section 46A:5]
1
Act No. 525/2003 on State Administration in the Field of Environmental Protec-
tion, § 1.
[Section 46A:6]
1
The Competences of the Ministry of the Environment. Available online: http://
www.minzp.sk/en/about-us/ministry-environment/ministry-environment-sr.html.
46A-6
Environmental Law of the Slovak Republic § 46A:9
[Section 46A:7]
1
Act No. 575/2001 on the Organization of the Activities of the Government and
on Organization of Central State Administration, § 9.
[Section 46A:8]
1
Mainly with respect to the use of genetic technologies and genetically modied
organisms.
2
Act on State Administration in the Field of Environmental Protection, § 9–10.
[Section 46A:9]
1
Slovenskáagentúraživotnéhoprostredia.Available online: http://www.sazp.sk/pu
blic/index/index.php.
2
Pursuant to the Act No. 24/2006 on environmental impact assessment which
transposes the respective Directives of the European Union No 2001/42/EC, 2009/
31/EC and 2011/92/EU.
3
It serves the implementation of the Directive 2004/35/EC on environmental li-
ability with regard to the prevention and remedying of environmental damage.
4
In order to contribute to the practical realization of the provisions of the Act No
205/2004 on collection, preservation and dissemination of environmental information.
[Section 46A:10]
1
Štátna ochrana prírody Slovenskej republiky.
2
Decision of the Minister of the Environment of the Slovak Republic No. 75/
2007, Art. 2. State Environmental Protection Agency activities contribute to the
realization of the provisions of the Act No. 543/2002 on the protection of nature and
land as well as provisions of the Act No. 15/2005 on the protection of freely living spe-
cies and plants and the regulation of the trade with them—pertinent law contributes
to the realization of the objectives of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).
46A-8
Environmental Law of the Slovak Republic § 46A:12
[Section 46A:11]
1
Act No. 587/2004 on Environmental Fund, § 1.
2
Ibid., § 3.
3
Ibid., § 4.
4
Ibid., § 7–8; See also Act No. 231/1999 on State Aid; Council Regulation (EC)
No 659/1999 of 22 March 1999 laying down detailed rules for the application of
Article 93 of the EC Treaty; Commission Regulation (EC) No 794/2004 of April 21,
2004, implementing Council Regulation (EC) No 659/1999 laying down detailed rules
for the application of Article 93 of the EC Treaty.
[Section 46A:12]
1
ESO—Efektívna, SpolahliváaOtvorenáverejnáspráva. Available online: http://w
ww.minv.sk/?eso-efektivna-spolahliva-otvorena-verejna-sprava.
2
The Slovak Republic is divided into 8 regions.
3
Act No. 180/2013 on the Organization of State Administration at the Local
Level, § 3–4.
4
Act No. 543/2002 on Land and Nature, § 64; Act No. 137/2010 on Air, § 25–26;
Act No. 223/2001 on Waste, § 70–71; Act No. 364/2001 on Water, § 60–61.
5
Act No. 525/2003 on State Administration in the Field of Environmental Protec-
tion, § 5.
[Section 46A:13]
1
Constitution of the Slovak Republic,Chapter II, Part VII, Art. 46.
2
The Court System in the Slovak Republic. Available online: http://wwwold.justi
ce.sk/a/wfn.aspx?pg=lb&htm=l4/crtsys.htm.
46A-10
Environmental Law of the Slovak Republic § 46A:15
3
Act No. 757/2004 on Courts, § 17, § 21.
4
Constitution of the Slovak Republic, Art. 124.
5
The Court System in the Slovak Republic. Available online: http://wwwold.justi
ce.sk/a/wfn.aspx?pg=lb&htm=l4/crtsys.htm.
6
See Uznesenie Ústavného súdu Slovenskej republiky I. ÚS 112/2014-182,
Uznesenie Ústavného súdu Slovenskej republiky III. ÚS 222/2014-21.
[Section 46A:14]
1
KOŠIČIAROVÁ, S., Právo životného prostredia, Eurokódex, 2009, p. 57.
[Section 46A:15]
1
Act No. 17/1992 on Environment, § 2.
2
Ibid., § 8.
3
Ibid., § 11–33.
4
KOŠIČIAROVÁ, S., Právo životného prostredia, Eurokódex, 2009, p. 58.
[Section 46A:16]
1
Recently amended by the Directive 2014/52/EU on the assessment of the eects
of certain public and private projects on the environment.
46A-12
Environmental Law of the Slovak Republic § 46A:16
2
Act No.24/2006 on the assessment of eects on the environment, § 2.
3
Ibid., § 54–56. Competences of the Ministry of the Environment and of the
District Oces as bodies of state administration in the eld of Environmental Impact
Assessment are regulated in detail in the pertinent Act.
4
Ibid. § 24.
5
Ibid., § 3.
6
Ibid., § 4.
7
Ibid., § 5–6.
8
Ibid., § 6.
9
Ibid., § 8–9.
46A-14
Environmental Law of the Slovak Republic § 46A:17
when the introduction of such species would not have deleterious ef-
fect on original species.4
The state administrative competencies in the eld of land and
nature protection are also reected in procedures aecting environ-
mental protection. Accordingly, their opinion is required in urban
planning procedure, or the issuance of some permits for building or
mining activities.5
4
Ibid., § 7a-7b.
5
Ibid., § 9.
[Section 46A:18]
1
Ibid., § 12.
2
Ibid., § 13–15.
3
International Union for Conservation of Nature's categories encompass Strict
Nature Reserve, Wilderness Area, National Park, Natural Monument or Feature,
Habitat/Species Management Area, Protected Landscape, Protected area with sustain-
able use of natural resources. Available online: http://www.iucn.org/about/work/progr
ammes/gpaphome/gpapquality/gpappacategories/.
4
Act 543/2002 on Land and Nature, § 17.
46A-16
Environmental Law of the Slovak Republic § 46A:18
5
Ibid., § 18.
6
Ibid., § 19.
7
Ibid., § 21.
8
Ibid., § 22.
9
Ibid., § 23.
10
Ibid., § 25.
11
Ibid., § 25a.
biotopes, breeding places and resting places for migrating birds and
biotopes of birds of European importance. The list of these areas is
made by the Ministry of the Environment and thereafter authorized
by the Government in the form of a resolution. Consequently, the list
of protected bird areas is sent to the European Commission. These ar-
eas are afterwards declared to be protected bird areas by the Govern-
ment in a form of regulation.12
Areas of European importance host biotopes or species of European
importance. The list of these areas, later sent to the European Com-
mission for approval, is nalized by the Ministry of the Environment
in cooperation with the Ministry of Agriculture. The Government
must declare such areas protected within six years following the ap-
proval by the European Commission.13
In case it becomes necessary for the sake of their protection, areas
may be divided, depending on the state of the biotope's protection,
into four zones in the following manner: the fth level of protection
applies to zone A, the fourth level of protection to zone B, the third
level of protection to zone C and the fourth level of protection to zone
D.14
Land needs not be in the state's ownership in order to be declared a
protected area. Private landowners, whose land meets the criteria for
protected areas, may submit their project of protection to the respec-
tive District Oce and request that their land be declared a private
protected precinct, private natural reserve or private natural
monument. These private landowners must bear the costs of such
designations themselves.15
It follows from the aforementioned that the process of declaring a
piece of land a protected area requires a protection strategy that
needs to be submitted to the District Oce. The District Oce asks
the State Environmental Protection Agency to review the ecological,
economic and social impacts of the project, whereby the applicant has
the right to respond during such a review.
If the applicant is not also the owner of the land, the District Oce
shall notify the owner or administrator of the land, the respective
municipality and other relevant bodies of state administration.
Municipalities are obliged to inform the public about the project and,
thus, guarantee the public's rights with regards to access to
information.16
The owner or administrator of the land is obliged to inform the
12
Ibid., § 26.
13
Ibid., § 27.
14
Ibid., § 30.
15
Ibid., § 31.
16
This process does not apply to land in private ownership of in ownership of a
municipality.
46A-18
Environmental Law of the Slovak Republic § 46A:19
District Oce about the planned activities which may conict with
the project's protection conditions. In the case of the District Oce
recognizing that activities on the land contradict the objectives in
protecting land and nature, it may restrict, or even forbid, these
activities. If this ban or restriction results in limitations on the usual
cultivation of the land, the owners or administrators may then be
entitled to a legal claim thus aording potential monetary damages.17
On the other hand, the ownership or administration of land which
has been declared a protected area may result in its owner or
administrator being entitled to monetary relief from the state. The
purpose of such relief is to preserve the land and maintain it to a level
corresponding with its status as a protected area.18
17
Act 543/2002 on Land and Nature, § 50, § 61.
18
Ibid., § 60.
[Section 46A:19]
1
Ibid, § 15–18.
2
Ibid., § 33.
3
Ibid., § 34–39.
4
Ibid., § 41–42.
tion, freely living species and plants, trading in species, and the condi-
tions of trading in seal products.5 Similarly as in Regulation 338/97,6
incorporating provisions of CITES at the level of the European Union,
endangered species are divided into four categories (A-D) with cate-
gory A aording the highest level of protection. Category D activities
are only possible under the supervision of the Customs Oces.7 Fur-
ther, the export of certain categories of species is made conditional
upon the Ministry of the Environment's permission.8
Special rules apply to the import of species by scientic institutions;
however, this area is also supervised by the Ministry of the
Environment.9 Moreover, scientic institutions, museums of natural
science, botanical gardens and universities are obliged to keep records
of the species and plants in their possession.10
5
Act No. 15/2005 on Protection of Species of Wild Fauna and Flora by Regulat-
ing Trade Therein, § 1.
6
Council Regulation (EC) No 338/97 of December 9, 1996, on the protection of
species of wild fauna and ora by regulating trade therein.
7
Act No. 15/2005 on Protection of Species of Wild Fauna and Flora by Regulat-
ing Trade Therein, § 2.
8
Ibid.
9
Ibid, § 3.
10
Ibid, § 9–12.
[Section 46A:20]
1
With exceptions such as e.g. fruit trees in gardens or trees with the circuit of
the trunk not exceeding 40 centimeters. Ibid., § 47.
2
Ibid., § 47.
3
Ibid., § 48.
46A-20
Environmental Law of the Slovak Republic § 46A:20
4
Ibid., § 49.
5
Act No. 326/2005 on Forests.
6
Ibid., § 58.
7
Ibid., § 2, § 5.
8
Ibid., § 2.
9
Ibid., § 10.
10
Ibid., § 12.
11
Ibid., § 13.
12
Ibid., § 14.
§ 46A:21 Agriculture
When talking about agriculture from the perspective of environmen-
tal protection, it is appropriate to mention the phenomenon of ecologi-
cal agriculture. In the Slovak Republic, this form of agriculture is
regulated by Act No. 189/2009 on Ecological Agriculture. The
competent bodies of state administration in this eld are the Ministry
13
Ibid., § 15.
14
Ibid., § 28.
15
Ibid., § 29.
16
Ibid., § 31.
17
Ibid., § 40.
18
Ibid., § 41.
46A-22
Environmental Law of the Slovak Republic § 46A:22
[Section 46A:21]
1
Act No. 189/2009 on Ecological Agriculture, § 3.
2
Ibid., § 4, § 8.
3
Ibid., § 9.
[Section 46A:22]
1
Energy in a form of heat stored under earth's surface.
2
Biomass consists of, inter alia, agricultural products, plant substances or com-
munal waste capable of decomposing by the means of biological processes.
3
Biogas is made of biomass by the means of fermentation.
4
Bio menthane is a form of biogas parameters of which correspond to the
parameters of earth gas.
5
Energy in a form of heat stored in air.
6
Act No. 309/2009 on Support of Renewable Energy Sources and Highly Ef-
cient Combined Production, § 2a. Hydrothermal energy is a form stored in surface
waters.
7
Ibid., § 14.
8
Ibid., § 14a–14c.
9
Ibid., § 15.
10
Ibid., § 19 (b) (2).
11
Act No. 309/2009 on Support of Renewable Energy Sources and Highly Ef-
cient Combined Production, § 2 j.
12
Ibid., § 9 a.
13
Ibid., § 3 (1) a.
14
Ibid., § 3 (2).
15
Ibid., § 3 (3)-(6).
16
Ibid., § 4 (2); § 7.
46A-24
Environmental Law of the Slovak Republic § 46A:23
teeing that the energy was produced from renewable sources of energy
or in a form of highly ecient combined production.17
17
Ibid., § 7a (1); § 8, § 8 (a).
[Section 46A:23]
1
Act No. 137/2010 on Air, § 2 (a); KOŠIČIAROVÁ, S., Právo životného prostredia,
Eurokódex, 2006, p. 253.
2
Act No. 137/2010 on Air, § 22.
3
Ibid., § 1 (1)(a).
4
Ibid., § 3 (1)(a).
5
Ibid., § 3 (2)(a); Regulation of the Ministry of the Environment No. 706/2002;
KOŠIČIAROVÁ, S., Právo životného prostredia, Eurokódex, 2006, p. 254.
6
Ibid., § 3 (1)(b).
7
Ibid., § 4.
8
Ibid., § 4 (3).
9
Ibid., § 4 (4).
10
KOŠIČIAROVÁ, S., Právo životného prostredia, Eurokódex, 2006, p. 255.
11
Ibid., § 4 (9).
12
Ibid., § 6 (1).
13
Ibid., § 6 (2).
14
Ibid., § 6 (6).
15
Ibid., § 7 (2) (4a).
16
Oblast riadenia kvality ovzdušia.
17
Ibid., § 9 (1).
46A-26
Environmental Law of the Slovak Republic § 46A:24
18
Ibid., § 9 (3).
19
Ibid., § 10 (2).
20
Ibid., § 11 (6).
21
Ibid., § 11 (14).
22
Ibid., § 11 (16).
23
Ibid., § 18 (1).
24
Ibid., § 18 (9).
25
Ibid., § 19 (1).
[Section 46A:24]
1
The EU Emission Trading Scheme. http://ec.europa.eu/clima/policies/ets/inde
xen.htm.
2
Apart from European countriesthis Attachment includes also counties such as
Australia or Russian Federation.
3
Ibid., § 32.
4
Act No. 414/2002 on Trading of Emission Quotas, § 26.
5
Ibid., § 27.
6
Ibid., § 3–5.
7
Ibid., § 8 (1).
8
Ibid., § 8 (3).
9
Ibid., § 10 (1).
10
Ibid., § 18 (1).
11
Ibid., § 18 (6).
46A-28
Environmental Law of the Slovak Republic § 46A:25
12
Ibid., § 19.
13
Ibid., § 20.
[Section 46A:25]
1
Act No. 364/2004 on Water; § 58, § 64.
2
Ibid, § 1 (1).
3
Ibid.; § 3 (1), § 4b (1)
4
Ibid; § 3 (2).
5
Ibid.; § 4c.
6
Ibid.; § 4 (1), (4), § 4a.
7
Ibid.; § 4c (11)-(18).
8
Ibid., § 5 (1).
9
Ibid., § 7–§ 10.
10
Ibid., § 5 (2), (3).
11
Ibid., § 11 (4)–(5).
12
Ibid, § 13.
13
Ibid, § 14.
14
Ibid., § 15.
15
Ibid., § 30.
46A-30
Environmental Law of the Slovak Republic § 46A:26
§ 46A:26 Waste
The topic of waste and waste management is regulated through Act
No. 79/2015 on Waste. The main bodies of state administration in this
eld are the Ministry of the Environment, the Slovak Inspectorate of
Environment and the District Oces. Administration in this eld also
falls under the competence of municipalities, the Slovak Trade
Inspectorate, the Customs Oces and the Tax Revenue Oces.1
The statute denes waste as a movable thing or substance that its
holder wants to dispose of or is obliged to dispose of. If a substance or
movable thing can be characterized as an accessory product, a recycled
item ready for further use or a waste meant for use in households,
16
Ibid., § 31.
17
Ibid., § 32.
18
Ibid., § 33.
19
Ibid., § 34.
20
Ibid., § 36.
21
Ibid., § 37.
[Section 46A:26]
1
Act No. 79/2015 on Waste, § 104.
2
Ibid., § 2 (1)–(2).
3
Ibid., § 3 (1).
4
Ibid., § 4 (1).
5
Ibid., § 6.
6
Ibid., § 14.
7
Ibid., § 7.
8
Ibid., § 9.
9
Ibid., § 10.
46A-32
Environmental Law of the Slovak Republic § 46A:26
Specically, waste processing shall not lead to water, air or land pol-
lution, nor is it permitted to endanger the lives of plants and animals.
Furthermore, it shall not cause unnecessary noises or smells or have
negative eects on land or places of particular concern, such as
protected cultural heritage sites. These obligations, including also the
obligation to cover the cost of waste processing, shall apply to origina-
tor of waste or to the last holder of waste.10
If waste was unlawfully placed on a piece of land, its owner,
administrator or tenant is obliged to notify the District Oce or
municipality. The District Oce is then responsible for investigating
the matter as well as for determining whether this activity amounts
to a criminal oense,11 and determining the person responsible. If it
constitutes a criminal oense, the respective body of state administra-
tion shall draft a report and refer the matter to the police.
The person deemed to be responsible by the District Oce then has
an obligation to remove and dispose of waste. In case responsibility is
not determined, a respective body of state administration or a
municipality is responsible for disposal if it is consequently character-
ized as communal waste.12
The Act also regulates the waste dump operators' businesses as
well as that of waste collectors and disposal businesses and, thus,
prevents the existence of illegal waste dumps along with the practice
of illegal waste disposal.13 It also provides a framework for regulating
hazardous waste 14 processing and specic designations of waste
therein, such as electronic waste, 15 packaging, 16 cars 17 or tires. 18
Persons seeking to carry out activities related to these types of waste
need a specic permit issued by the Ministry of the Environment.19
A part of the Act is dedicated to communal waste, originating
mainly from households in the municipality. For waste processing and
recycling, the municipalities shall be responsible. Municipalities are
also responsible for container and bin organization. This is regulated
in detail through city council regulations.20
Transboundary waste transfer is supervised by the Ministry of the
10
Ibid., § 12.
11
Unlawful processing of waste is a criminal oence pursuant to § 15 of the
Criminal Code of the Slovak Republic.
12
Ibid., § 15.
13
Ibid., § 16–19.
14
Ibid., § 25.
15
Ibid., § 32–51.
16
Ibid., § 52–59.
17
Ibid., § 60–68.
18
Ibid., § 69–71.
19
Ibid., § 90.
20
Ibid., § 81.
21
Ibid., § 86.
[Section 46A:27]
1
Convention Concerning the Protection of the World Cultural and Natural Heri-
tage, Art. 2.
2
Elements of the World Heritage List; Available online: http://www.unesco.sk/e
n/elements-on-the-world-heritage-list.
3
Declaration of the National Council of the Slovak Republic on Protection of
Cultural Heritage from 28, February 2001, Art. 3.
4
Act No. 49/2002 on Protection of Cultural Heritage, § 3.
5
Ibid., § 13–14.
46A-34
Environmental Law of the Slovak Republic § 46A:28
6
§ 14 (5), Ibid.
7
Discussed in detail in Sec. 2.2.1–2.2.1.3.
[Section 46A:28]
1
https://www.slov-lex.sk/domov.
2
http://jaspi.justice.gov.sk/jaspiw1/jaspiwminifr0.htm.
3
http://www.zbierka.sk/.
4
http://www.wolterskluwer.sk/sk/system-aspi/o-aspi.c-24.html.
5
http://www.alldata.sk/dtbpredpisy.html.
6
http://www.concourt.sk/zbierka.do?idsubmenu=f&rok=2008&lang=s&part=.
http://www.concourt.sk/search.do?idsubmenu=c
7
http://www.supcourt.gov.sk/zbierka-stanovisk-a-rozhodnuti/.
8
http://www.pravnyobzor.sk/.
9
https://www.sak.sk/blox/cms/sk/sak/bulletin/aktualnecislo.
10
http://www.wolterskluwer.sk/sk/pravo-pre-ropo-a-obce-v-praxi.p133.html.
11
http://www.lexforum.cz/.
12
http://otvorenesudy.sk/.
46A-36
Environmental Law of the Slovak Republic § 46A:31
the case to the European Union Court of Justice for a preliminary rul-
ing, requesting an interpretation of the Aarhus Convention and re-
spective European Union legislation.
The European Union Court of Justice claried that urban planning
decisions must be made public, and protection of commercial or
industrial information does not serve as a justication for failure to
disclose. Further, the Court of Justice reiterated that the public must
have access to all relevant information from the beginning of the
administrative procedure, even before such decision has been adopted.
The Court of Justice stated that, pursuant to the provisions of the
integrated pollution prevention and control (IPPC) Directive,1 the
public should have a right to request interim measures designed to
prevent the polluting activity and identied the temporary suspension
of the requested permit as the appropriate legal mechanism to employ
in the meantime. Further, the Court ruled that a national court's de-
cision to annul a permit would not constitute an unjustied interfer-
ence with a developer's property rights, when the permit issuance
violated the provisions of the IPPC Directive.2
The legal battle has been supplemented by local campaigns and
demonstrations in Pezinok and before decision-making and judicial
bodies, such as the Ministry of the Environment and the Constitu-
tional Court. Hence, it represents one of the most important examples
of civic engagement in the most recent history of the Slovak Republic,
while also raising public awareness to issues concerning health and
the environment.3
[Section 46A:30]
1
Directive 2008/1/EC of the European Parliament and of the Council of January
15, 2008, concerning integrated pollution prevention and control.
2
Court of Justice of the European Union, Press Release No. 1/13, Judgment in
Case C-416/10 Jozef Križan and Others v Slovenská inšpekcia životného prostredia.
3
Pezinok Case. One of the most important cases of civic engagement in Slovakia
since the Velvet Revolution. Available online: http://www.viaiuris.sk/strankadata/su
bory/nastiahnutierozne/pezinok-case-jan-2013.pdf.
The VLK case concerned specically Art. 9.3 of the Aarhus Conven-
tion, which grants the public access to administrative proceedings so
that it may challenge public authorities' acts and omissions that
violate national environmental law. VLK claimed that it should have
a “party” status, enabling it to access administrative proceedings that
concern the granting of derogations in the species protection system
such as that for the brown bear, which concern access to the
countryside or that concern the use of chemical substances in these
areas.1 Protection of species such as brown bear has been subject to
regulation at the European Union level in the form of the Habitats
Directive.2 The Ministry of the Environment rejected VLK's applica-
tion to be a party in these proceedings.3
The European Union Court of Justice's judgment implied that the
protection of species, in the form of substantive provisions in the
Habitats Directive, is incomplete without eective procedural rights
corresponding to the rights enshrined in Art. 9.3 of the Aarhus
Convention. The European Union Court of Justice concluded that
even though the wording of Art. 9.3 of the Aarhus Convention is rather
general, and thus not capable of conferring direct eect, its objective
is to enable eective protection of the environment. Hence, in the
absence of detailed legislation at the European Union level, it is for
the national legislatures to guarantee corresponding procedural rights
within their national legal orders, whereas judicial bodies shall
interpret provisions of the national law in the spirit of Art. 9.3 of the
Aarhus Convention. Thus, national courts are obliged to interpret
procedural rights within their national legal order in a manner en-
abling organizations, such as VLK, to challenge decisions following
administrative proceedings.4
As a consequence, the Supreme Court of the Slovak Republic an-
nulled the Ministry of the Environment's decision that excluded VLK
from the administrative proceedings. According to Sec.14 of the Act on
Administrative Procedure, a party to the proceeding is a person who
is a bearer of a legal right, legally protected interest or obligation
(resulting from the substantive regulation).5 The Supreme Court
concluded, inter alia, that in order to comply with the European Court
[Section 46A:31]
1
Court of Justice of the European Union, Judgment in Case C-240/
09lesoochranárske združenie Vlk v Ministerstvo životného prostredia Slovenskej
republiky, para. 20.
2
Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats
and of wild fauna and ora.
3
Ibid., para. 21.
4
Ibid., para. 54.
5
VOZÁR, I. The VLK Case. Application of Art. 9 Para. 3 of the Aarhus Conven-
tion According to the Decision of the Court of Justice of the European Union. Legal
Analysis, p. 9.
46A-38
Environmental Law of the Slovak Republic § 46A:32
§ 46A:33 Literature
46A-40
Environmental Law of the Slovak Republic § 46A:34
§ 46A:36 Jurisprudence
Court of Justice of the European Union, Press Release No. 1/13,
Judgment in Case C-416/10 Jozef Križan and Others v Slovenská
inšpekcia životného prostredia
Court of Justice of the European Union, Judgment in Case C-240/09
lesoochranárske združenie Vlk v Ministerstvo životného prostredia
Slovenskej republiky
Resolution of the Constitutional Court of the Slovak Republic I. ÚS
112/2014-182
Resolution of the Constitutional Court of the Slovak Republic III.
ÚS 222/2014-21
46A-42
Environmental Law of the Slovak Republic § 46A:38