Constitutional Court of Slovenia
Pavel Ocepek and Breg Bri Komendi
Government of Slovenia
The plaintiffs brought their case before Slovenia’s Constitutional Court, relying on the constitutional right to a healthy environment (R2HE). Their argument was intriguing. They asserted that Slovenian citizens, as direct owners and beneficiaries of the country’s natural riches, possessed a unique entitlement – the right to pollute.
Their challenge targeted Article 80 of the Environmental Protection Act, which levied charges for environmental pollution and resource utilization. Drawing upon the constitutional backing found in Articles 3 and 72, which empower the people and guarantee the R2HE, the plaintiffs passionately argued their case. They contended that citizens, in their role as stewards of natural resources, should not face charges for utilizing them within their personal needs.
Their standing was rooted in personal experience – specifically, the plaintiffs’ experience of having been subject to charges by their utility company for using water.
The Court dismissed the plaintiffs’ claim, finding that Article 80 of the Environmental Protection Act did not infringe upon constitutional provisions. It ruled that the statute in question was not directly at odds with Articles 3 and 72 of the Constitution, thus negating any conflict.
Regarding the imposition of taxes on natural resource use and pollution, the Court reasoned that it aligned with the State’s duty to safeguard the environment. They emphasized that such measures, including levies on water, soil, air pollution and waste production served to incentivize pollution reduction and fund environmental remediation efforts. Consequently, the Court deemed these actions consistent with the State’s obligation under Article 72 to ensure a healthy living environment.
Furthermore, the Court rejected the plaintiffs’ assertion that the constitutional R2HE made citizens the direct owners of natural resources. It emphasized that laws dictate the conditions and methods for natural resource enjoyment, including by imposing charges for pollution and resource use. In the case of water usage, this entails charges for water pollution and consumption, as regulated by law.