Regulation of unlawful waste deposition in the Republic of Slovenia

Abstract

The Republic of Slovenia transposed its obligations outlined in Directive 2008/98 to the Environmental Protection Act through a legal order. Its first unlawful waste disposal regime was implemented in 2008. The responsibility for unlawful waste disposal  is primarily placed on  the polluter, while  the subsidiary  responsibility  lies with  the  real estate owner. The owner of the real estate on which the waste is unlawfully disposed must arrange for proper disposal of the waste at his own expense if ordered by the inspection authority. The subsidiary responsibility of the real estate owner implies strong interference with the right to the property. To date, the Constitutional Court has not yet assessed the compatibility of this measure with the Constitution, as it has taken the view that it will not carry out an abstract assessment but will only make a decision through a constitutional appeal procedure. Despite several concerns, the regulations were maintained in the new Environmental Protection Act of 2022. In addition to the unlawful disposal of  waste,  this  Act  also  regulates  the  legal  consequences  of  littering;  further,  the  Act  imposes  relatively  high administrative  fines,  including  on any landowner who  fails  to exercise his  secondary  responsibility. Notably, the unlawful disposal of waste is defined as a criminal offence that burdens and destroys the environment. The legal framework, in my opinion, fully meets the requirements of Article 36 of Directive 2008/98/EC.