26 February, 2014
The Supreme Court has performed compilation of conclusions established in case-law of administrative courts in cases related to construction, when reviewing those in context of environment protection and area development planning mainly. Case-law for period between 2008 and 2012 is analysed.
Compilation is performed by the doctor of law Silvija Meiere in cooperation with the Supreme Court Senate Department of Administrative Cases and the Division of Case-law.
Number of cases related to area planning, construction and environment has increased during last years. If in 2008 there were three cases related to environment, in total, in 2009 those were 6 cases, and in 2012 – 17 cases already. Number of cases related to area planning is 4-7 cases per year, in total. However, number of cases in the Senate, which were related to construction, was 6 cases in 2008, 5 cases in 2009 and 20 cases in 2012.
In detailed cut, greatest increase in environment cases was caused by cases related to construction restrictions in protective foreshore, protective dune zone, flooded areas, and cases on compensations due to restrictions of economic activity in protected areas. However, environment cases had not been related to restriction of construction in protected nature areas and water protective zones only. Those also touch issues related to compensation, rejection of privatisation of land, establishing of micro protected area, rejection of wood cutting, and permissions to perform polluting action, and issues related to distribution of quotas of greenhouse effect gas emissions and others related to environment.
Summary is structured in two sections. The first section includes two legal regulation units – area development planning and construction (as means of implementation of planning), and conclusions summarised in those are related to regulation system, which controls area development planning and utilization. The second section pertains to environment protection and includes four legal regulation units – general environment legal regulation, nature preservation requirements, supervision over polluting actions and control over use of particular natural resources.
In total, 142 rulings were used, when creating compilation, inter alia, 43 rulings of the Senate and 17 those of the Administrative regional court rendered in environment cases, mainly touching upon construction issues in environment protection context. In 16 rulings of the Senate and 10 those of the Administrative regional court construction issues are reviewed in area development planning context, as well as 56 rulings of the Senate related to construction issues. Taking into account specified conclusions in relation with content of cultural historical value, namely, historical planning structure, 2 rulings rendered by the Senate in 2013 are used in compilation.
It is possible to read compilation “Case-law in area planning, construction and environment cases” on the web site of the Supreme Court in Judicature section, in Compilations of Court decisions, section Administrative law. One may see it here.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
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