Center for Ecological Research

Slovenia

Project No. 20553: ECOSVET: Legal and Nonformal Support to Environmental NGOs

Background

LABECO, the Center for Ecological Research, was founded in 1994 and has 10 members. Its basic activity is education, seminars, courses and consultations for NGOs, primary and secondary schools (pupils and teachers) and for the general public.

One of LABECO's most important programs, "ECOLAB 1.O," is an environmental computer network providing access to information and promoting networking among NGOs, other civic organizations and the general public. LABECO established the ECOSVET project to carry out legal and nonformal advisory service activities.

Project Goals

Objectives

Amount Awarded

9,518 ECU

Implementation

A survey and analysis was completed of developments in environmental legislation and other fields of legislation influencing public participation in environmental decisionmaking. This included national documents and international conventions signed by Slovenia. Furthermore, staff specialists have contributed to the drafting of bills and legislative amendments. The compilation thus included documents on valid regulations and drafts of those pending. The task of continuous updating was assigned to a staff lawyer.

A similar database was compiled on both state and local organizations engaged in environmental protection. This database also listed specialists from various environmental fields, environmental journalists, scientists, public officials, and NGO resource people and included their fields of specialty and spheres of competence.

A legal advisory service was also set up to consult NGOs and the general public, to facilitate their more effective participation in environmental decisionmaking and to coordinate their efforts. Help will be given in using nonformal (non-legal) methods of public participation. Information is also provided on valid regulations and legislative amendments.

Networking activities have been undertaken to promote the participation of law and social science students in the work of NGOs. To this end, contacts are also being established with experts in various fields of environmental policy on the national and international level.

A workshop, "Environmental Coalition - Building and Lobbying," was organized for NGO activists. The workshop's aim is to strengthen cooperation among Slovenian NGOs, acquaint them with basic rules of lobbying, and let them share their experience.

Materials have been compiled on current cases that have received assistance from LABECO's advisory service. This collection includes a set of books, booklets, newsletters and other materials published in Slovenia and abroad, and it serves as a resource library for the advisory service.

The advisory service spent close to 400 hours consulting with the help of three experts during phases I and II of the project. The legal advisory service is also supported by a library containing major literature on environmental law. Library users are free to use our computer databases.

A computer database was made available on the Internet at http://www.kud-fp.si/retina/okolje/ecosvet/index.html. This database includes, among other information, a register of current domestic environmental regulations, multilateral international treaties and conventions ratified by Slovenia, the jurisdiction of local and state environmental agencies, a listing of experts and the text of cases. Short abstracts of Slovenian legislation and cases will be provided in English as well.

As indicated by the above accomplishments, most objectives were met during the project's implementation phase.

Target Groups

The project's two major target groups were environmental NGOs and citizens involved in environmental decisionmaking.

Relationship with NGOs, the Public and the Government

As evident in the legal case detailed below (see case example), the organization enjoyed good cooperation with NGOs during the project. Numerous NGOs came forward to request legal advice or other types of assistance regarding public participation.

Experience has shown that some local governments are ambivalent because they could earn substantial income from certain investments. They have been compelled, however, by pressure from the community or from NGOs to oppose such plans.

Lessons

Major Problems

The major problems encountered by the project generally stemmed from the fact that while threats to the environment are often immediate and substantial, legal procedures to stop questionable activities and alleviate impacts are too slow to guarantee quick intervention.

Major Successes

Considering the number of requests received by the organization, the setup and operation of the advisory service was fully successful. The contribution of the organization was of help in further cases that saw our participation.

Overall Evaluation

The project carried out by LABECO's advisory office, ECOSVET, marked the first instance to date that an NGO has provided legal and nonformal help to NGOs in Slovenia on environmental issues. The project's main achievement was the establishment of this service; furthermore, many environmental problems have received more attention and now have a better prospect of being resolved because of the legal and nonformal support provided by ECOSVET.

Sample Case

Below is a summary of one of the project's two cases, which shows how NGOs stand to benefit from the legal advisory service and what problems the service and the NGOs are facing.

The Vransko-Arja case concerns a constitutional complaint by an environmental NGO against a particular section of the highway now being built in Slovenia. The highway crosses the country from the Hungarian border to the Slovenian coast and to the border with Italy. The section at issue passes through an environmentally sensitive area that is also the site of a water reservoir for the city of Celje. ECOSVET argues that the authorities failed to fulfill their obligation to prepare an EIA in the matter. The case is presently before the Constitutional Court, which has yet to make a decision.

The first problem ECOSVET encountered was that the environmental threat was immediate and quite substantial. The environmental inspector was contacted, and after his intervention, work was halted on this part of the highway. But construction of the rest of the highway continues, which means that ultimately, no matter what the Constitutional Court decides, no feasible alternative will be left but to construct the highway in such a way that it passes through the area, as originally planned. The most that can thus be hoped for is that the project will be modified to render it more environmentally sound. If an EIA is not carried out in sufficient time and the project is implemented anyway, any later modifications will be more or less cosmetic no matter what the Court decides.

The second problem is the slow-moving pace of the legal procedure. Although the Constitutional Court was petitioned to impose a restraining order, it has not even considered the request yet. More than half a year has elapsed without a single hearing or consideration of the case, even though the Court itself had classified the matter as urgent. Given that the Constitutional Court works at a snail's pace, this is not an effective forum for such cases. Once the Court makes a decision, the project will have progressed so far that no matter what the decision, the environmental damage will to a large extent already have occurred.

On the positive side, ECOSVET managed to obtain support for the constitutional complaint from more than 30 Slovenian NGOs. This is a good example of collaboration and mutual support among environmental NGOs.

Contact

Barbara Vrecko
ECOSVET
Vegova 8
1000 Ljubljana
Slovenia
Tel: (386-61) 126-2195
Fax: (386-61) 126-3329
E-mail:bvrecko@mail.soros.si


REC * PUBLICATIONS * ADVISING CITIZENS * SLOVENIA

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