As part of the cycle of lectures by new researchers at the Institute of Social Sciences, Ivana Stjelja, a Research Associate from the Centre for Legal Research, held a lecture on April 8, 2025 in the Great Hall of the Institute of Social Sciences on the topic „Public participation in achieving environmental justice in Serbia“.
The consistent achievement of environmental justice is contingent upon implementing decision-making processes pertinent to environmental matters that incorporate meaningful public participation. It is frequently articulated that a healthy environment is a collective concern, as it benefits all members of the community while simultaneously underscoring that no individual can evade the consequences of environmental pollution. Accordingly, the importance of the right to public participation in environmental law is now widely recognized. Nevertheless, the extent to which international and national law and the practice of competent authorities actually provide the public with the opportunity to participate in environmental decision-making remains unresolved. Notwithstanding the valuable contribution of public participation to the enhancement of legal acts and their effective implementation, it is observed that, in practice, public engagement in processes involving decisions of environmental significance is frequently limited or inadequately effective.
The lecture aimed to indicate the extent to which the public contributes to the achievement of environmental justice and realizes the right to participate in making various decisions of importance for the environment in Serbia. The interconnection between human rights and a healthy environment was highlighted during the lecture, underscoring that this relationship is reciprocal. A healthy environment serves as a crucial prerequisite for the realization of numerous human rights, while the fulfillment of specific human rights is vital for effective environmental protection, including the rights to access information, public participation in decision-making, and legal recourse. In July 2022, the right to a safe, clean, healthy, and sustainable environment was formally recognized as a universal human right through the adoption of UN Resolution 48/I 3.
The research presented focuses on the practices of competent authorities, specifically regarding evaluating the effectiveness of public participation in formulating general legal acts, administrative decisions, and judicial rulings of environmental significance in Serbia. An analysis of public involvement in the legislative process in Serbia has been conducted within this context. It was highlighted that the public can engage in all stages of lawmaking, including participation in working groups, consultations, and public discussions on draft laws. However, an examination of current practices reveals that public involvement occurs in limited procedures, although a noteworthy portion of submitted comments has been incorporated into the legislative framework. Ultimately, the presentation underscored the ineffective nature of public participation in Serbia within this domain, attributing this to deficiencies in the regulatory framework and the inconsistent application of practices by competent authorities.
