News

17 October 2023

Deputy Ombudsman Elena Cherneva took part today in the institutional round table “How to improve citizens’ access to justice in environmental matters”, organised by the European network “Justice and Environment” and the BlueLink Foundation in partnership with the Ministry of Environment and Water.     

In her speech, Elena Cherneva drew special attention to the fact that in recent years, citizens had become more and more intransigent when their rights are violated, and the number of complaints and reports to the Ombudsman institution was increasing with each passing year, especially in regard to the right to a healthy and favourable environment.

“The institution of the public defender receives hundreds of signals and complaints not only from individual citizens, but also from civil initiative committees and environmental organisations,” the Deputy Ombudsman pointed out.

Among these, Cherneva highlighted complaints related to violations and bias in conducting environmental assessment, environmental impact assessment and assessment of the compatibility with Natura 2000 areas when approving large-scale investment proposals. She also noted that there were signals of insufficient protection of settlements from activities which were a source of harmful emissions in the air, water and soil and in their vicinity; cases of non-compliance with the terms and conditions of comprehensive permits to prevent industrial pollution; insufficient regulation of the permit regime and non-application of measures to reduce noise and pollution from waste-related sites in populated areas.

“Complaints are often related to the lack of predictability in the opening and expansion of mining construction materials quarries; violation of the public interest when changing the purpose of land properties regarding the use of mineral water; existing long-term problems of excessive interference in the flow of rivers and riverbeds when removing alluvial deposits for their cleaning; the lack of control to ensure a mandatory minimum outflow when using water from a hydroelectric power station,” said the Deputy Ombudsman.

Elena Cherneva also emphasized that citizens complained about underestimation of their signals and the lack of a timely response to establishing pollution and its source by the Regional Inspectorate of Environment and Water authorities, allowing pollution by plants that generate electricity from agricultural residues and plant matter, and a limited possibility of legal challenges to air quality improvement programmes.

“The institution’s recommendations based on the analysis of the violations stated in the individual complaints are summarised in the Ombudsman’s Annual Report, which was submitted to the National Assembly pursuant to Article 22, paragraph 1 of the Ombudsman Act. In addition, the Ombudsman submits proposals for changes to the regulatory framework based on monitoring or submitted bills and draft regulations, with opinions to the relevant standing committees of the National Assembly or the relevant submitting person,” Cherneva pointed out.

She added that in the opinions and recommendations on individual complaints, the Ombudsman not only presents data indicating breaches for which she requires a jurisdictional review, but in particular she highlights the procedural aspects related to the guarantees of citizens’ protection in the specific procedure. She pointed out that this was also done in fulfillment of the obligations imposed on the Ombudsman under Article 2 of the Ombudsman Act to promote the exercise and respect of the procedural rights of the public concerned under the Aarhus Convention on Access to Information, Participation in Decision-making and Access to Justice in Environmental Matters.

“The numerous complaints received by the Ombudsman from citizens, collective complaints and petitions, informal initiative committees on environmental issues outline an area of ​​assistance from the institution, regardless of the possible deficit of a beneficial effect of access to justice, which is subject to further analysis. The Ombudsman’s recommendations are not legally binding, but they are effective with the possibility of further protecting the position of citizens in cases where bad administration is found,” the Deputy Ombudsman summarised.

In conclusion, Elena Cherneva pointed out that the organisation of this round table is an initiative that, in the complicated era of climate challenges, was a necessary step towards improving the procedural legal aspects of protecting citizens’ right to a healthy and favourable environment.