PREVENTIVE LEGAL ACTION FOR ELIMINATING THE SOURCE OF POSSIBLE DAMAGE IN LIGHT OF SUSTAINABLE DEVELOPMENT

Abstract

The paper looks into environmental responsibility in light of sustainable development. A part of that responsibility is directed towards eliminating danger of wide spread damage, when the risk of damage is threatening an unspecified number of individuals. In such a scenario the aim of the environmental lawsuit is to prevent the occurrence of damage. The aim of such litigation is achieved by the request of the plaintiff that the civil court order the defendant, potential pollution emitter, to apply appropriate measure, at his expense, to eliminate further impact of the source of pollution, that is to prevent the damage from occurring. The action in that case may be filed not only by an entity that is threatened by such damage but it may be brought by any party holding interest (action popularis). In the event that the pollution emission has already occurred, the action may be filed only by persons that have sustained damage. The need for expedient adjudication of preventive environmental litigation is essential. A relative increase in the number of lawsuits for elimination of sources of environmental damage has been noted as well as a stagnation of a number of preventive lawsuits by the state organs that are obliged by the law to prevent the damage from occurring.