The "Environmental Lawsuit" as an Instrument of Preventive Protection of the Constitutional Right to Healthy Environment in the Law of the Republic of Serbia

Miščević, Nikolina and Dudás, Attila (2021) The "Environmental Lawsuit" as an Instrument of Preventive Protection of the Constitutional Right to Healthy Environment in the Law of the Republic of Serbia. AGRÁR- ÉS KÖRNYEZETJOG / JOURNAL OF AGRICULTURAL AND ENVIRONMENTAL LAW, 16 (31). pp. 55-69. ISSN 3058-0447

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Abstract

A lot of attention has been paid to the environment and its protection in Serbian legislation. The right to healthy environment is guaranteed by the Constitution, and in the last two decades numerous laws have been passed regulating various aspects of the environment in order to ensure its protection. The subject of the paper is the claim to eliminate the danger of damage, stipulated by the Law on Obligations from 1978. From the enactment of the law, this legal institution has been considered as a means suitable for providing preventive environmental protection, which is why it is often called an “environmental lawsuit” in Serbian legal theory.

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