Fifth session of Working group – 5, Environment (Chapter 27) on topic: “Bringing National Legislation Closer to EU Environmental Justice Efforts”

The Republic of North Macedonia has a solid legal frame for environment, but implementation and functionality of the institutions remains a big challenge. Introducing ecocide as a crime is significant step forward, but it is necessary for the legal frame to be improved, as well as specialization of the judges and public prosecutors, as well as establishment of eco-police for environmental crimes.

These are some of the conclusions of today’s Fifth session of the Working group 5-Environment entitled „Bringing national legislation closer to EU environmental justice efforts”, which has been held in hotel “Panoramika” in Skopje.

In her introduction, the president of the European movement, Mileva Gjurovska pointed out that the process of harmonization of the national legislative with the one of the EU is ongoing.

„According to European commissions’ reports, normative part is satisfying up to some level, but there is a lack of the implementation“, the president of the European movement Gjurovska said.

Bojana Stanojevska-Pecurovska, the president of the Centre for climate changes has emphasized that our state has made significant steps for establishing legal frame for the environment in the last 20 years, even though there is a lack in realization.

„It is very important that we change the Criminal code in order to implement the EU standards. Introducing ecocide as a crime is big step forward“, Stanojevska-Pecurovska said, adding that it is necessary for the judges to have precise instructions so that they can bring concrete sanctions.

Nikola Jovanovski, program menager at the Centre for legal research and studies pointed out that with introducing of the ecocide as a crime we are pioneers in the Balkans.

Jovanovski believes that the weekest part of the chain at the moment is at the Ministry of interior whereas there is not any special department for dealing with crimes in environment. He clarified that conditions have to be made for the judges and prosecutors to have bigger courage for dealing with these cases.

Norbert Kurilla, advisor to the President of the Slovak Republic for the Environment, Energy, Climate Change and Business Environment emphasized the new EU Directive, with which the list of the environmental crimes is being expanded as well as introducing of the new fines.

Illustrating the example with Slovak Republic, Kurilla recommended establishing of eco-police which will secure bigger efficiency in regards to violations in environment. According to the Slovak expert Kurilla, the Slovak Inspectorate for environment is a very important institutions that is being financed by the budget, but also by fines.

Pejo Kirovski, chief inspector for nature protection at the State Environmental Inspectorate pointed out that the number of the environmental inspectors at the moment is 23, which number is not sufficient compared to the scope of work. There is a lack of municipal inspectors that will act on local level, Kirovski said.

Tanja Paunovska, Head of the Department for Cooperation with LGUs and Administrative and Supervisory Affairs and President of the Offences Commission at the Ministry of Environment and Physical Planning talked about the work of the Offences Commission and the Commission for mediation for environmental crimes through which the offenders can have the possibility to deal with the offences out of the courts.

Afrim Osmani, Professor at the State University of Tetovo explained the new law changes in the Criminal code and the Law on offences.

Marina Malish-Sazdovska, professor at the Faculty of Security „St. Kliment Ohridski”-Bitola stated that the Ministry of interior realizes actions which are not complete and systematic and therefore is it necessary for a separate department for environment at the Ministry for interior to be established as one of the key points for improving the efficiency in criminal inquires. „We can act in prevention if we have adequate policy for fines“ Malish-Sazdovska said, adding that a focus for fighting corruption in all areas of living is needed.

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