Oct 12, 2024 – In a landmark ruling, North Macedonia’s Supreme Court has established that citizens have the right to sue government authorities if they believe their health is jeopardised by inadequate air quality. This important decision, reached during a public session earlier this week, obligates state agencies to comply with environmental regulations and provides citizens a legal avenue to seek redress.
The ruling comes after the Administrative Court dismissed numerous claims from citizens claiming that the government failed to protect the environment. By overturning these decisions, the Supreme Court stresses the need for governmental accountability in safeguarding public health.
The court clarified that under the Law on Environment Quality, citizens are entitled to demand the approval of essential planning documents that ensure clean air, recognised as a fundamental right. This legal affirmation highlights the state’s responsibility to provide a safe and healthy environment, a commitment increasingly questioned amid rising pollution levels in urban areas.
Supreme Court President Besa Ademi said, “Access to a healthy environment is a basic human right guaranteed by the Constitution.” Her comments resonate deeply in a country grappling with alarming air quality, particularly in cities like Skopje, Bitola, and Tetovo, where pollution peaks during the winter months.
Public health experts estimate that up to 5,000 citizens die annually from pollution-related illnesses, emphasising the urgent need for effective government action. Professor Borce Davitkovski, an environmental law specialist, welcomed the ruling as a crucial step toward ensuring state accountability. “If the courts become involved in these matters, it signals that public authorities must take responsibility for their actions or inactions,” he said.
This ruling not only addresses domestic environmental issues but also aligns with recent judgments by international courts, including the European Court of Human Rights. This court found Switzerland legally obliged to fulfil climate commitments to protect its citizens, setting a powerful precedent for environmental litigation across Europe.
The Supreme Court’s decision marks a significant shift in North Macedonia’s approach to environmental justice. It empowers citizens to challenge governmental inadequacies in protecting their health and enforces a broader legal framework for ensuring air quality.
