SIGNIFICANCE OF THE WASTE ACT IN THE CONTEXT OF THE RIGHT TO PROTECTION OF THE ENVIRONMENT

References: 16th International Multidisciplinary Scientific GeoConference SGEM 2016, www.sgem.org, SGEM2016 Conference Proceedings, ISBN 978-619-7105-65-0 / ISSN 1314-2704, June 28 - July 6, 2016, Book5 Vol. 1, 979-986 pp

ABSTRACT

Article 44 (1 through 5) of the Constitution of the Slovak Republic guarantees everybody the right to a favorable environment. At the same time it requires that all entities protect and cultivate the environment and it prohibits to jeopardize or to damage the environment and natural resources exceeding levels prescribed by law.
In accordance with the Slovak Government’s Legislative Program for the year 2014 as well as a follow up of the Slovak Government’s Manifesto for years 2012 – 2016 the Ministry of Environment of the Slovak Republic has submitted a draft of the Waste Act. The legislative draft was based on the Legislative Intent for the Waste Act as approved by the National Council of the Slovak Republic in 2015 thus becoming a part of the legal order of the Slovak Republic. Aim of the new Waste Act is modification of the existing and setting up of new rules within the waste management in order to create standard conditions (from the perspective of the developed countries of the European Union) for making changes in the environment that would enable development and implementation of activities within the waste management and at the same time to create conditions for legal security comparable to conditions in other European Union Member States. [1] This paper’s intention is a thorough analysis of selected legal institutes relating in particular to the reduction of waste being disposed of by landfill; as well as to the regulation and focusing on waste prevention, minimizing of negative impacts of generating and managing of waste on the environment and human health; and at the same time to introduce and implement an extended producers’ and importers’ responsibility in a standard way as is usual in other European Union Member States and its transfer to the municipal level.[2]

Keywords: environment, human health, landfill, minimizing of negative impacts, separation, waste