The Regional Center for Environmental Law (RCEL) has published a policy brief entitled
“Lawsuits for the Protection of Collective Rights and Interests as a Mechanism for Environmental Justice,” prepared within the framework of the “Greening Justice” project.
The document serves as an operational summary of the conducted legal analysis, with the aim of facilitating a clearer understanding of its key findings and recommendations and making them applicable in the context of improving the legal framework. Acting as a bridge between in-depth legal research and public policy debate, the policy brief seeks to stimulate an informed and evidence-based discussion on the need to introduce or strengthen mechanisms of collective judicial protection, as well as on their practical application within the domestic legal system.
Key findings and messages of the policy brief
The policy brief highlights that the current legal framework in Serbia does not provide effective or systemic protection in cases of collective and diffuse environmental harm.
Based on an analysis of domestic legislation, case law, and the results of an empirical study, the document emphasizes the following key recommendations:
- Introducing a specific type of lawsuit for the protection of collective rights and interests in environmental matters within the Civil Procedure Act, with clearly defined standing for civil society organizations acting in the public interest;
- More precise regulation of procedural rules, including admissible claims, the effects of judgments on a broader group of affected persons, and effective mechanisms for the enforcement of court decisions;
- Reducing financial barriers to access to justice, through adapted rules on litigation costs, court fees, and public funding for cases of public interest;
- Drawing on comparative legal models, particularly the Croatian collective action model and the Group Litigation Order (GLO) mechanism from the United Kingdom, as complementary tools for more efficient resolution of mass environmental disputes;
- Improving transparency and judicial practice, through the publication and systematization of environmental judgments, as well as continuous education of judges and legal practitioners.
Who is the policy brief intended for?
The policy brief is intended for policy makers, judges, legal practitioners, institutional representatives, civil society organizations, and all those engaged in environmental protection, access to justice, and public policy development. Its purpose is to serve both as a starting point for legislative reform and as a practical guide to understanding the potential of collective judicial protection in the field of environmental justice.
📄 The policy brief, as well as the full analysis on which it is based, can be downloaded from our website.
The “Greening Justice” project
jointly implemented by YUCOM and UTS, with the support of the Swedish International Development Cooperation Agency (SIDA)