Supreme Court Approaches Constitutional Court about Biological Diversity Act Provision Restricting Protection of Rights of Ownership
NW 19:25:31 11-12-2020
LN1923NW.333
ENVIRONMENT - KALIAKRA - SUPREME ADMINISTRATIVE COURT
Supreme Court Approaches Constitutional Court
about Biological Diversity Act Provision
Restricting Protection of Rights of Ownership
Sofia, December 11 (BTA) - Judges Roumyana Papazova, Nikolay Gounchev and Desislava Stoeva of the Supreme Administrative Court have approached the Constitutional Court for an opinion on Article 12 (7) of the Biological Diversity Act, according to which orders by which the Minister of Environment and Water designates special areas of conservation are not subject to appeal. The Supreme Court submits that this provision restricts the protection of the right to ownership.
The three judges' request was prompted by a case initiated on challenges by individuals and companies against a December 12, 2017 order of then Environment and Water Minister Neno Dimov by which he designated the Kaliakra Complex Special Area of Conservation (on the Black Sea, Northeastern Bulgaria), banning the issuing of new building permits and any construction within the area.
Landowners in the area have taken strong exception to the measure, as it frustrates their plans to exploit their properties for tourism, farming, fisheries and wind power
generation. Ecologists, for their part, insisted that the people had been misled and that they will not lose their livelihood, but the idea was to keep it and not to turn agricultural land into wind farms and hotel grounds.
The EU Court of Justice has rendered judgment against Bulgaria over the issue, targeting 101 wind turbines (86 within the Kaliakra Complex and 15 outside it). RY/LG
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LN1923NW.333
ENVIRONMENT - KALIAKRA - SUPREME ADMINISTRATIVE COURT
Supreme Court Approaches Constitutional Court
about Biological Diversity Act Provision
Restricting Protection of Rights of Ownership
Sofia, December 11 (BTA) - Judges Roumyana Papazova, Nikolay Gounchev and Desislava Stoeva of the Supreme Administrative Court have approached the Constitutional Court for an opinion on Article 12 (7) of the Biological Diversity Act, according to which orders by which the Minister of Environment and Water designates special areas of conservation are not subject to appeal. The Supreme Court submits that this provision restricts the protection of the right to ownership.
The three judges' request was prompted by a case initiated on challenges by individuals and companies against a December 12, 2017 order of then Environment and Water Minister Neno Dimov by which he designated the Kaliakra Complex Special Area of Conservation (on the Black Sea, Northeastern Bulgaria), banning the issuing of new building permits and any construction within the area.
Landowners in the area have taken strong exception to the measure, as it frustrates their plans to exploit their properties for tourism, farming, fisheries and wind power
generation. Ecologists, for their part, insisted that the people had been misled and that they will not lose their livelihood, but the idea was to keep it and not to turn agricultural land into wind farms and hotel grounds.
The EU Court of Justice has rendered judgment against Bulgaria over the issue, targeting 101 wind turbines (86 within the Kaliakra Complex and 15 outside it). RY/LG
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