Contemporary environmental legislation of the Republic of Serbia: From the 'integral system' to the hyperproduction of regulations

The adoption of two legislative acts (in 1991 and 2004) represents two phases in the development of the contemporary environmental legislation of the Republic of Serbia. Both laws have certain similarities, but also significant differences. The circumstances in which these laws were passed are completely different. The subject of regulation of both laws is 'the environmental protection system', but with some differences. Such formulations contain certain elements of pretentiousness and indecision. The implementation of the first legislative act on environmental protection (1991) was overshadowed by the crisis that affected the territory of the former Yugoslavia during the last decade of the 20th century. Thus, the realization of the projected environmental goals was marginalized. The adoption of the second environment protection act (2004) meant the introduction of different concepts (as compared to the previous one) and a formal approximation to the requirements of EU regulations. The changed circumstances have decisively influenced the manner of regulation and the content of the norms in the field of environment. The new Environment Protection Act (2004) regulates the 'integrated environmental protection system', which focuses on two elements: human rights and sustainable development. However, it is not entirely clear to what extent it would be possible to speak of a consistent and functionally completed system. The existence and character of the relationship between the 'system' and human rights, i.e. between the 'system' and the balanced development should be examined separately and in more detail. In the meantime, a number of other laws in the field of environment have been adopted. Some issues are regulated in more detail by special laws and a huge number of bylaws. At the same time, several new issues are open and some old problems have gained new significance, among them are the following issues: relations between laws, interlacing the norms of two or more regulations, relations with regulations in other areas of importance for the environment, system management, horizontal and vertical coordination, the competence of relevant subjects, the role and quality of public participation, compliance with regulations, etc