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ISSN 1822-8402 EUROPEAN INTEGRATION STUDIES. 2007. No 1 
 
 

THE AARHUS CONVENTION AND ACCESS TO ENVIRONMENTAL 
JUSTICE IN THE EU AND SERBIA 

 
Stevan Lilić 

University of Belgrade Law School  
LawDem Center for Environmental Law and the  

Promotion of Environmental Protection 

Abstract 

Environmental protection has become on of the major global concerns that is addressed as an 
"environmental crisis" which is spreading not only to economy and politics, but also to law. This is the 
reason why it must be resolved through international environmental cooperation and organizational 
mechanisms. Consequently, this has resulted in growing demands for legal regulation ensuring efficient 
environmental protection, involving the concept of "access to environmental justice". Although the 
original EC/EU treaties only had indications of a European environmental policy, the Maastricht Treaty 
(1992) defines the aims of the new Union which include a common environmental protection policy. In 
this context, the Aarhus Convention (1998) focuses on access to information, public participation in 
decision-making and access to justice in environmental matters and is substantially linked to 
international human rights and basic constitutional rights and freedoms. Access to environmental justice, 
as defined by the Aarhus Convention rests on the basic human right to a fair trail. Serbia has not joined 
the Aarhus Convention, but once current political obstacles are surpassed, it is reasonable to assume that 
Serbia would ratify the Convention and ensure its citizens "access to environmental justice". 

Keywords: 

Aarhus Convention, Access to Environmental, EU Law, Serbia

I. Introduction 

Environmental protection has become on of the 
major global concerns. Consequently, this has resulted 
in growing demands for legal regulation ensuring 
efficient environmental protection. At the core of the 
issue is the objective to achieve a new approach in 
legal response which would render efficient 
environmental protection by utilizing legal methods 
and instruments to give interested parties access to 
environmental justice. Within the world legal 
framework different forms of legal regulation have 
been put into effect that include international, regional 
and domestic systems of protection. Given the 
unprecedented nature of the many environmental 
issues, massive bodies of legislation have been created 
through international treaties, EU regulations and 
directives, as well as domestic laws and regulations 
(Salzman, Thompsom Jr. 2006; Wolf, White, Stanley,  
2002; Ferry 2001; Morand-Deviller 1987). Following 
the rapid development of environmental issues, the 
problem of compliance with new rules necessarily 
arose, especially because quite a few of them had 
specific characteristics which created new situations 
for administration, for tribunals and for the public 
itself. Within the EU, as well as within its member 

states the functioning of agencies and the possibilities 
for the public to have the new rules enforced was in 
need of being clarified (Kiss 2002, p. V). 

From the international point of view, the UN 
Aarhus Convention (adopted in 1998) focused on 
access to information, public participation in decision-
making and access to justice in environmental matters. 
The Convention penetrated into issues which have 
previously been perceived as domaine résérvé of 
individual states, making them now issues of 
international law (Ebbeson 2002, p. IX). 

II. Environmental Crisis and Sustainable 
Development  

Throughout the ages, human society has been 
confronted with numerous challenges that have been 
noted as world matters and global issues. Today it is 
generally accepted that one of such issues is 
environmental protection. This is supported by the 
fact that in literature, as well as in everyday life, 
environmental issues are addressed as issues of an 
"environmental crisis", defining them as 
"…circumstances and influences which exist in the 
environment and which threaten the stability and 

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ISSN 1822-8402 EUROPEAN INTEGRATION STUDIES. 2007. No 1 

functioning of the processes in the biosphere and the 
society" (Todić, Vukasović 2002, p. 1).  

Searching for the causes of this environmental 
crisis, researchers most decisively point to the 
activities of man and mankind. Historically speaking, 
human influence on nature has always been present. 
However, this presence has previously been of a local 
character. Since the time of the industrial revolution, 
this influence has changed. From mid 20th century, 
these issues caused raising concerns and efforts have 
been made to identify the causes and factors that have 
lead to this. Generally speaking, two factors have been 
the cause of alarming concern regarding 
environmental protection: a) the raising population of 
the planet and b) the existing production models. Both 
of these processes cause the decrease of natural 
recourses and disruption in the environmental balance. 
Apart from the growing population, the issue of 
unleveled development of the developed and 
underdeveloped countries and regions of the world is 
linked to the matters of food supplies, poverty and 
hunger. The possibilities of the poor nations to cope 
with this problem are very limited and this, in turn, 
puts pressure on natural resources. In this context, the 
majority of international documents stress that poverty 
is the one of the main factors limiting the efficient 
solution to environmental issues (Beckerman 2003).  

Apart from the factors causing the environmental 
crisis; we can also identify the major environmental 
issues the world is faced with today. They include: 

• global warming and high concentration of 
damaging gases, 

• damaging influence of UV radiation on 
animal and plant life, 

• overexploitation of non-renewable natural 
recourses, 

• excessive contamination of the air, water and 
soil, 

• lack of drinking water, 
• presence of heavy metals in the food chain. 
 
The enumerated causes and factors indicate that 

the very existential model of modern mankind is in 
jeopardy. The environmental crisis is spreading not 
only to economy and politics, but also to law. What is 
indisputable, is that this a crisis of a global proportion 
and that it demand and global solution. This is the 
reason why this type of problems must be resolved 
through international environmental cooperation and 
international organizational frameworks and 
mechanisms. 

The answer to the environmental crisis is 
contained in the concept of "sustainable development" 
in modern environmental policy and law as set out in 
the Rio Declaration (1992). This means that the 
existing economic and social models are basically 
respected, but provided that the needs of the future 

generations is not deterred by the needs of the world 
today. From the point of view of organized society 
this involves the concept of the access to justice in 
environmental issues. 

III. International Aspects and Origins of EU 
Environmental Policy 

The seriousness of environmental protection has 
resulted in the conclusion that solutions need the 
participation of the world community. This is best 
illustrated by the fact that today there are over 250 
international treaties in this area and many more on 
the bilateral level. Environmental issues are also dealt 
by many international organizations. This had the 
crucial role in resolving environmental issues and 
many of them have produced rules and principles for 
their regulation. The most important role is that of the 
United Nations which made a vital change in the 
perception of environmental policy and law issues at 
the UN Conference on the Human Environment held 
in Stockholm in 1972 (Stockholm Declaration). Also, 
the UN Environmental Protection Program was 
established (UNEP). In the period following the 
Conference, there is a growing number of 
international, regional and other organizations dealing 
with environmental protection, including the EU (EC). 
This is of consequence for Serbia, as one of the few 
remaining European countries that have aspirations 
toward joining the EU (Prokopijević 2005).  

The origin of the European Union is linked to 
three treaties of the 50-ies (Treaty of the Coal and 
Steel Community 1951, the Treaty of Rome 1957 and 
the Euroatom Treaty 1958). At that time the issues of 
environmental protection was not in the focus of the 
exisiting agreements. with the notable exception being 
the EUROATOM Treaty (1957) which stipulated that 
it had authority of adopting mandatory standards for 
radioactive contamination.  

The original treaties had as their main aim 
economic objectives. However, two articles of the 
Treaty Establishing the European Community, (Treaty 
of Rome 1957) had indications of the European 
environmental policy. Although in a very general 
manner, Article 2 of the Treaty of Rome called for 
minimal measures in regard to the quality of life 
within the framework of harmonized and balanced 
development of economic activities, while Article 46 
focused on the justified prohibition of export and 
import with the aim of protecting health, human life, 
as well as animal and plant life.  

The following years, however, would focus on 
new ideas that would result in a number of documents 
supporting EC/EU environmental awareness. The UN 
Stockholm Conference (1972) inspired the Paris 
Conference of the same year, a date that would be 
marked as the birth of the EC/EU environmental 
policy. The Paris Declaration stresses the main aim of 

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the EC/EU environmental policy as being the 
lowering of risks for living conditions, and in these 
endeavors due attention must be given to 
environmental issues. The recommendation of this 
Declaration was that the Communities adopt Action 
Plans in the area of environmental protection (as in 
others fields). There were a number of subsequent 
Action Plans adopted, of which the first Action Plan 
(1973-1976) was most significant because it defined 
the general principles, goals and action to be 
undertaken in the field of European environmental 
policy. At the time, the main instruments were 
resolutions, which represented general instructions, 
leaving to the member states the options of 
implementing measures in them. This first Action 
Plan on environmental policy basically had three 
divisions: some of the principles were to be realized 
on the Communities level, some on the member-state 
level. Finally, some of the measures were to be 
implemented within action plans in other respective 
fields.  

The further development of the EU continues 
with the adoption of the Single European Act (1986) 
which amended the previous treaties, particularly the 
EEC Treaty adding a new chapter VII under the title 
of "Environment" with three new articles (130r, 130s 
and 130t) which, as the main goals of the Community, 
include "protection and development of the quality of 
the environment, the protection of human health and 
the rational use of natural recourses. The Maastricht 
Treaty, by which the EC was transformed into the 
European Union (1992), defined several diverse aims 
of the new Union, including a common cultural 
policy, common policy for consumer protection, as 
well as a common environmental protection policy. 
Environmental protection is now one of the priority 
goals of the EU and the principle of subsidiarity 
incorporated into it.  

The fundamental sources of EU Environmental 
Law are the already mentioned founding Treaties. 
They have set the framework for the legal regulation 
of this field. Apart from them, sources of EU 
Environmental Law are the legal documents adopted 
by the institutions and bodies of the Union, which 
include regulations, directives and decisions 
(www.europa.eu.int/eur-lex/en/about/pap/ process_ 
and_players2.html). Regulation are directly applicable 
and obligatory for all member states of the Union, and 
thus do not need support from national legislation, as 
is the case with Regulation (EC) No 1655/2000 of the 
European Parliament and of the Council of 17 July 
2000 concerning the Financial Instrument for the 
Environment. Directives are binding in respect of the 
aim to be achieved, but leave to the national 
legislation options for the means and mechanisms of 
their implementation, as is the case with Directive 
2004/35/CE of the European Parliament and of the 

Council of 21 April 2004 on environmental liability 
with regard to the prevention and remedying of 
environmental damage. Decisions are binding in 
respect of to who it may concern, including member-
state, individuals or legal persons, as is the case with 
Decision No 1600/2002/EC of the European 
Parliament and of the Council of 22 July 2002 laying 
down the Sixth Community Environment Action 
Programme.  

Apart from these, there are other acts of the EU 
that are not legally binding, but which represent 
important documents in realizing the EU 
environmental policy. These include 
recommendations, opinions and. environmental 
protection standards adopted by international 
organizations (as is the case with the Aarhus 
Convention). 

The harmonization of legal documents of the 
member-states is regulated by Chapter VI of the EU 
Treaty and Sub-Chapter 3 that deals with the 
Approximation of Laws. These articles prescribe that 
Council may adopt directives for the approximation of 
statutes, by-laws and administrative regulations of the 
member-states which are vital for the functioning of 
the common market (Article 94 of the Treaty 
establishing the European Community - consolidated 
text). If the Commission concludes that there are 
discrepancies in the statutes or administrative acts in 
the national legislations that jeopardize common 
policies, it will consult with the member-stats and if 
the consultations do not result in positive solutions, 
adopt recommendations with respective measures. In 
this way, by harmonizing legislation and adopting 
general acts which are directly implementable, an 
integrated and harmonized system of legal rules is 
established in the legal system of the Union, including 
the field of environmental protection.  

Today, the legal system of the EU enables 
citizens and their association's participation in policy 
decision-making in environmental issues. Not only 
can the citizens directly take part in deciding 
environmental law issues, but also take respective 
action and initiate procedure in protecting 
environmental fundamental rights. 

IV. The Aarhus Convention 

In the Preamble of the Convention on Access to 
Information, Public Participation in Decision-Making 
and Access to Justice in Environmental Matters 
(Aarhus Convention, 1998) was adopted in Aarhus, 
Denmark in June of 1998, and entered into force on 
October 30 2001, the Parties to this Convention, inter 
alia, recalling principle l of the Stockholm 
Declaration on the Human Environment, recalling 
also principle 10 of the Rio Declaration on 
Environment and Development, recalling further 
General Assembly resolutions 37/7 of 28 October 

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1982 on the World Charter for Nature and 45/94 of 14 
December 1990 on the need to ensure a healthy 
environment for the well-being of individuals, 
recalling the European Charter on Environment and 
Health adopted at the First European Conference on 
Environment and Health of the World Health 
Organization in Frankfurt-am-Main, Germany, on 8 
December 1989, affirming the need to protect, 
preserve and improve the state of the environment and 
to ensure sustainable and environmentally sound 
development, recognizing that adequate protection of 
the environment is essential to human well-being and 
the enjoyment of basic human rights, including the 
right to life itself, recognizing also that every person 
has the right to live in an environment adequate to his 
or her health and well-being, and the duty, both 
individually and in association with others, to protect 
and improve the environment for the benefit of 
present and future generations, considering that, to be 
able to assert this right and observe this duty, citizens 
must have access to information, be entitled to 
participate in decision-making and have access to 
justice in environmental matters, and acknowledging 
in this regard that citizens may need assistance in 
order to exercise their right and recognizing that, in 
the field of the environment, improved access to 
information and public participation in decision-
making enhance the quality and the implementation of 
decisions, contribute to public awareness of 
environmental issues, give the public the opportunity 
to express its concerns and enable public authorities to 
take due account of such concerns, agreed that "In 
order to contribute to the protection of the right of 
every person of present and future generations to live 
in an environment adequate to his or her health and 
well-being, each Party shall guarantee the rights of 
access to information, public participation in decision-
making, and access to justice in environmental matters 
in accordance with the provisions of this Convention." 
(Art. 1) 

The Convention further states that (Art. 3).: 
"Each Party shall take the necessary legislative, 
regulatory and other measures, including measures to 
achieve compatibility between the provisions 
implementing the information, public participation 
and access-to-justice provisions in this Convention, as 
well as proper enforcement measures, to establish and 
maintain a clear, transparent and consistent 
framework to implement the provisions of this 
Convention.(…) Each Party shall promote 
environmental education and environmental 
awareness among the public, especially on how to 
obtain access to information, to participate in 
decision-making and to obtain access to justice in 
environmental matters. (…)."  

In regard to access to environmental information, 
the Convention, inter alia, states that (Art. 4-5): Each 

Party shall ensure that, public authorities, in response 
to a request for environmental information, make such 
information available to the public, within the 
framework of national legislation, including, where 
requested and subject to subparagraph (b) below, 
copies of the actual documentation containing or 
comprising such information: a) without an interest 
having to be stated; b) in the form requested unless: it 
is reasonable for the public authority to make it 
available in another form, in which case reasons shall 
be given for making it available in that form; or the 
information is already publicly available in another 
form. The environmental information shall be made 
available as soon as possible and at the latest within 
one month after the request has been submitted, unless 
the volume and the complexity of the information 
justify an extension of this period up to two months 
after the request. The applicant shall be informed of 
any extension and of the reasons justifying it. A 
request for environmental information may be 
refused, inter alia, if: a) the public authority to which 
the request is addressed does not hold the 
environmental information requested; b) the request is 
manifestly unreasonable or formulated in too general 
a manner; or c) the request concerns material in the 
course of completion or concerns internal 
communications of public authorities where such an 
exemption is provided for in national law or 
customary practice, taking into account the public 
interest served by disclosure. 

In regard to public participation in decisions on 
specific activities, the Convention, inter alia, states 
that (Art. 6-8): Each Party shall apply the provisions 
of this article with respect to decisions on whether to 
permit proposed activities (listed in annex I); shall, in 
accordance with its national law, also apply the 
provisions of this article to decisions on proposed 
activities not listed in annex I which may have a 
significant effect on the environment. To this end, 
Parties shall determine whether such a proposed 
activity is subject to these provisions; and may decide, 
on a case-by-case basis if so provided under national 
law, not to apply the provisions of this article to 
proposed activities serving national defense purposes, 
if that Party deems that such application would have 
an adverse effect on these purposes. The public 
concerned shall be informed, either by public notice 
or individually as appropriate, early in an 
environmental decision-making procedure, and in an 
adequate, timely and effective manner, inter alia, of: 
a) the proposed activity and the application on which 
a decision will be taken; b) the nature of possible 
decisions or the draft decision; citizens) the public 
authority responsible for making the decision; d) the 
envisaged procedure, including, as and when this 
information can be provided. (…) Each Party shall 
make appropriate practical and/or other provisions for 

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the public to participate during the preparation of 
plans and programmes relating to the environment, 
within a transparent and fair framework, having 
provided the necessary information to the public. (…) 
Each Party shall strive to promote effective public 
participation at an appropriate stage, and while 
options are still open, during the preparation by public 
authorities of executive regulations and other 
generally applicable legally binding rules that may 
have a significant effect on the environment.  

In regard to access to justice, the Convention, 
inter alia, states that (Art. 9): Each Party shall, within 
the framework of its national legislation, ensure that 
any person who considers that his or her request for 
information has been ignored, wrongfully refused, 
whether in part or in full, inadequately answered, or 
otherwise not dealt with in accordance with the 
provisions of that article, has access to a review 
procedure before a court of law or another 
independent and impartial body established by law. In 
the circumstances where a Party provides for such a 
review by a court of law, it shall ensure that such a 
person also has access to an expeditious procedure 
established by law that is free of charge or 
inexpensive for reconsideration by a public authority 
or review by an independent and impartial body other 
than a court of law. Final decisions shall be binding 
on the public authority holding the information. 
Reasons shall be stated in writing, at least where 
access to information is refused. (…) These provisions 
shall not exclude the possibility of a preliminary 
review procedure before an administrative authority 
and shall not affect the requirement of exhaustion of 
administrative review procedures prior to recourse to 
judicial review procedures, where such a requirement 
exists under national law. (…) In order to further the 
effectiveness of the provisions, each Party shall ensure 
that information is provided to the public on access to 
administrative and judicial review procedures and 
shall consider the establishment of appropriate 
assistance mechanisms to remove or reduce financial 
and other barriers to access to justice. 

IV. Access to Environmental Justice 

Environmental justice "…Has developed as a 
movement and concept of social science, with focus 
on the "unfair" distribution of the negative impact of 
modern society, such as risk exposure, but it also 
pertains to the means available - or rather the lack of 
means available - for those affected to achieve 
acceptable decisions. [Note: For one example, R.J. 
Lazarus, "Pursuant Environmental Justice: the 
Distributional Effects of Environmental Protection", 
87 Northwest University Law Review (1993) 787, 
identifies five means of pursuing environmental 
justice in the U.S.A., which include both rethinking 
the substance of environmental laws and litigating 

civil rights associated with environmental protection.] 
From this perspective, it is quite clear that 
environmental and social justice, by whatever 
standard, presupposes effective access to the 
administrative and legal system, so that rights can be 
vindicated and existing laws on the protection of 
health and the environment can be evoked. [Note: Cf. 
Cappelletti and Garth, "Access to Justice: the 
Worldwide Movement to Make Rights More 
Effective" in Cappelletti and Garth (eds.), Access to 
Justice, Vol. III, Emerging Issues and Perspectives 
(Sijthoff and Noordhoff, Alphen an den Rijn, 1979), 
page 6, where they argue that "access to justice" 
focuses on "two basic purposes of the legal system - 
the system by which people may vindicate their rights 
and/or resolve their disputes under general auspices of 
the state. First the system must be equally accessible 
to all, and second, it must lead to results that are 
individually and socially just. (…).]" (Ebbeson, 2002, 
p. 8). 

Within the so-called "three pillars" of the Aarhus 
Convention - i.e. access to environmental information, 
participation in environmental issues decision-making 
and access to justice, the "access to environmental 
justice" segment can be defined as "a means of having 
erroneous administrative decisions on environmental 
issues corrected by a court or another independent and 
impartial body established by law." (Ebbeson 2002, p. 
8). The right to access to justice deals with two basic 
situations. "First, any person who considers that his or 
hers request for environmental information has been 
ignored, refused or not dealt with in accordance with 
the Convention shall be ensured access to a review 
procedure before court or another independent body 
(Art. 9/1). Second, any member of the public having 
sufficient interest or maintaining impairment of a right 
shall be ensured a review procedure before a court of 
law or another independent and impartial body, to 
challenge the substantive and procedural legality of 
any decision, act or omission concerning "specific 
activities", which may affect the environment (Art. 
9/2). Access to justice in not limited to cases where 
the participatory of informational rights of the Aarhus 
Convention are infringed, but must also be granted in 
order to challenge the substantive legality of the 
decision. In addition to decision concerning specific 
activities, the parties shall ensure access to justice in 
cases concerning other relevant provisions of the 
Convention (e.g. decisions on plans and programmes) 
"where so provided under national law (Art. 9/2). (…) 
It essentially remained a matter for national law to 
determine what constitutes a sufficient interest and an 
impairment of a right, this must be defined in 
consistency with the objective of the Convention, to 
give the public concerned "wide access to justice" 
(Art. 9/3)." (Ebbeson 2002, p. 14). 

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The Aarhus Convention is substantially linked to 
international human rights and basic constitutional 
rights and freedoms (Hayward 2005). Access to 
justice, as defined by the Aarhus Convention rests on 
the basic human right to a fair trail. This connection 
can be seen in relation between the Aarhus 
Convention and other international documents 
pertinent to the protection of human rights such as the 
Universal Declaration of Human Rights (1948), the 
International Covenant of Civil and Political Rights 
(1966), and particularly the European Convention of 
Human Rights (1950). The Aarhus Convention 
definition of access to justice as access to a review 
procedure before a court of law and/or another 
independent and impartial body established by law 
derives from the basic human right to a fair trail and 
public hearing as prescribe by the Universal 
Declaration of Human Rights (Hancock 2003).  

The European Convention for the Protection of 
Human Rights and Fundamental Freedoms (1950) 
states that: "In the determination of his/hers civil 
rights and obligations or of any criminal charge, 
everyone is entitled to a fair and public hearing within 
a reasonable time and by an independent and impartial 
tribunal established by law (Art. 6/1). Although, the 
Aarhus Convention is not structurally and 
institutionally attached to the European Convention of 
Human Rights (the Aarhus Convention is also open to 
non EU states), the similarity of language suggests 
that, "despite the autonomy of the Aarhus Convention 
vis-à-vis the ECHR, the case-law of the European 
Court of Human Rights provides some indication on 
what may qualify as independent and impartial under 
the Aarhus Convention as well."  

V. Environmental Justice in Serbia 

Referring to the case of Serbia, which to this day 
has not joined the Aarhus Convention, it should be 
mentioned that at present the EU ascension process of 
this country is "on hold", pending fulfilling conditions 
related to the cooperation with the International 
Tribunal for War Crime for the Former Yugoslavia. 
However, once the obstacles are surpassed, it would 
be reasonable to conclude that Serbia would ratify the 
Aarhus Convention and ensure its citizens "access to 
environmental justice". As pointed out: "Serbia (and 
Montenegro) is not member of the Aarhus 
Convention. The previous Federal Republic of 
Yugoslavia, due to well-known circumstances 
regarding the position of the county, was not even 
included in the preparatory activities concerning the 
drafting and adoption of the Convention. FRY did not 
take part in the ministerial conference at which the 
Convention was adopted, although NGO 
representatives from FRY participated. The first 
initiatives linked to the Aarhus Convention in Serbia 
were initiated in 1999 by the Regional Environmental 

Center for Central and Eastern Europe and its office in 
Belgrade. Since then a number of activities focused on 
creating conditions for the ratification and 
implementation of the Aarhus Convention have been 
realized. (…) All these activities have contributed to 
informing the general public, as well as to creating a 
favorable atmosphere and raising public awareness 
regarding not only the Aarhus Convention, but 
environmental issues in general as well. These 
activities also contributed to governmental preparation 
for the acceptance of the Aarhus Convention. On 
these grounds, one can expect that further activities 
regarding preparation for a more intensive acceptance 
of the Aarhus Convention. Basically, the preparations 
deal with further harmonization of the legislation, the 
creation of an institutional framework for 
implementing the Convention, securing technical 
equipment for institutions, education and further work 
on raising pubic awareness." (Đorđević, Katić, 2004, 
pp. 11-13).  

On the other hand, it could be said that in the 
existing constitutional and statutory framework, the 
"spirit" of the Aarhus Convention, at least in regard to 
environmental information (if not so much in regard 
to access to environmental justice), can be detected. 
Thus, the new Constitution of Serbia (2006) states 
that: "Everyone is entitled to a healthy environment 
and due and full information as to its state." (Art. 
74/1). Also, the Law on Free Access to Information of 
Public Significance (2004), inter alia, states that: "It is 
considered that a justified interest of the public to 
know (…) always exists when pertinent information 
that authorities poses relate to endangerment and 
protection of health or the environment (…)." (Art. 4).  

VI. Conclusion 

Concluding, we can highlight the four main 
features of access to justice in environmental law 
issues.  

a) Environmental protection has become on of 
the major global concerns. Consequently, this has 
resulted in growing demands for legal regulation 
ensuring efficient environmental protection. Within 
the world legal framework different forms of legal 
regulation have been put into effect that include 
international, regional and domestic systems of 
protection. Given the unprecedented nature of the 
many environmental issues, massive bodies of 
legislation have been created through international 
treaties, EU regulations and directives, as well as 
domestic laws and regulations. 

b) The Aarhus Convention on Access to 
Information, Public Participation in Decision-Making 
and Access to Justice in Environmental Matters (1998, 
entered into force 2001), provides for "three pillars of 
environmental justice". They include access to 
environmental information, participation in 

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environmental issues decision-making and access to 
environmental justice. In the European Union, the 
Aarhus Convention will bind the member-states that 
ratify the Convention, but also all 27 member-states 
once the Convention is ratified by the EU. In this case, 
the Convention is binding in regard to the legislation 
of all member-states regardless of the fact if an 
individual member-state is party to the Convention or 
not.  

c) The Aarhus Convention, inter alia, draws its 
substantial values from similar international and 
European human rights documents, including the 
European Convention on Human Rights, particularly 
in the field of "access to justice", as the Aarhus 
Convention provides for a review procedure before a 
court of law and/or another independent and impartial 
body established by law. 

d) In the case of Serbia, once that this country 
ratifies the Aarhus Convention it will be a step closer 
in the harmonization of its human rights standards and 
its legislation and court standards of rendering 
environmental justice within the general framework of 
the EU legal system. 

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Prokopijević M. (2005), Uvod u pravo evropske Unije 
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Directive 2004/35/CE of the European Parliament and 
of the Council of 21 April 2004 on environmental 
liability with regard to the prevention and 
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http://eur-lex.europa.eu/LexUriServ/Lex 
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=CELEX:32004L0035:EN:HTML) 

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2002/l_242/l_24220020910en00010015.pdf) 

 
 
  
  

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