OSCE Mission fills training gap in the implementation of new environmental laws

In a series of five seminars conducted by the OSCE Mission to Serbia across the country this year, Serbian misdemeanour judges and environmental inspectors received training in implementing a set of 16 new environmental laws adopted by the Government in May.

The training seminars followed up on the success of similar courses the Mission offered last year in response to the country's ongoing reform of its environmental legislation.

One of the most significant new laws is the ratification of the Aarhus Convention, which provides for public access to environmental information, participation in environmental decision-making processes and access to justice in environmental matters.

Other important new legislation includes the Law on Nature Protection, designed to preserve biodiversity, the Law on Waste Management and amendments to the Law on Environmental Protection that regulate hazardous chemical releases and introduce increased fines for individual and industrial polluters.

Need for training

Trying cases under the new laws is often a difficult task for judges in the misdemeanour courts. They have no precedents to draw upon, and the absence of standard penalties makes the processing of environmental cases slow.

Environmental inspectors, who report on environmental problems, face similar challenges. No special school exists to prepare them for their jobs, and there is a dearth of previous experience with collecting data in the field.

The courses being offered by the Mission to Serbia were designed to fill this training gap. Five training courses were held this year, in Zlatibor, Palic, Prolom Banja, Kladovo and Divcibare.

Seminars focus on new laws

The seminars took place over a two-day period and involved presentations by senior government officials on the implementation of the new environmental laws. Participants also had the opportunity to exchange experiences in dealing with specific cases. Each seminar included a visit to an environmentally significant site, such as a recycling centre.

"The inspectors and judges don't often have access to this kind of information," says Milan Gajovic, Senior Programme Assistant at the OSCE Mission to Serbia, who is in charge of logistics for this project.

"It's important for the courts and judges to understand the new laws," says Mirjana Nikolic, Secretary General of the Association for Misdemeanour Judges of Serbia. "These seminars are very important for us. We hope that by 2010, there will be no more problems in the misdemeanour courts involving environmental laws."

Speeding up case processing

One year may not be enough to see a dramatic increase in the processing speed of environmental cases. But already, inspectors have been able to deal with more cases than last year, as evidenced in the annual report compiled by the Ministry of Environment and Spatial Planning.

"The training courses have helped inspectors and judges to apply the correct documents and develop standards for penalties and other measures," says Gajovic. "This definitely speeds up the processing of cases in court."

"We are very appreciative of the training sponsored by the OSCE Mission," remarks inspector Ivanka Bogojevic, Head of the Republic Inspectorate Department of Kraljevo. "It has helped us to realize that our job doesn't end with submitting a request for initiating a procedure, but that we rather need to follow up cases to the very end."

"The well-presented training provided a platform for dialogue, and this is essential for removing obstacles to the smooth processing of cases," observes Nadezda Jankovic, President of the Misdemeanour Court in Pozega. "We were able to inform inspectors about the requirements for initiating valid procedures that in turn lead to adequate verdicts."

The OSCE Mission to Serbia seminars are at present the only opportunity for Serbian judges and inspectors to be trained in the application of environmental law and to discuss cases with others working in their field. Around 500 judges and 300 inspectors have been trained through this unique programme so far.

Due to their success and the continued need for training, the Mission to Serbia will facilitate the training courses again next year. It hopes, however, that courses such as these will eventually become part of the standard education for all those working in the judicial system in Serbia.