engleski

Principles in the Service of Conception and Protection of the Right to Live in a Healthy Environment: (In)Consistency of the European Court’s Case-Law

During the last two decades, the European Court of Human Rights has increasingly examined complaints where individuals have argued that a breach of their Convention rights has resulted from adverse environmental factors. Since healthy environment per se is not protected under the Convention, the Court decided environmental cases on a caseby- case basis, mainly under Article 8 concerning the right to private and family life, home and correspondence. Therefore, the Convention practice in the protection of these rights that would in traditional proprietary law be sought as protection from emissions or from the disturbance of property, has thus been given a new, Convention dimension. However, in those cases the Court did not set out clear standards or guidelines, thus contributing to states’ uncertainty regarding their obligations under the Convention, as well as to the Court’s own inconsistency that is ultimately threatening its legitimacy. This paper will look at the Court’s environmental cases through the lenses of interpretative methods and principles, and analyse certain aspects of its (in)consistency when delivering judgments concerning the right to live in a healthy environment.

right to live in a healthy environment ; interpretative methods and principles ; inconsistency of the European Court’s case-law.

nije evidentirano