Should Erin Brockovich be born in Macedonia for us to start breathing clean air? Now that, for the first time in our country, the highest Supreme Court, unanimously, adopted a principled legal opinion, obliging the state to provide a healthy and clean living environment, citizens are allowed to sue the state before the Administrative Court due to polluted air.
This is a big step forward in our legal order on a par with the world, he says Free Press the lawyer Aleksandar Godzo from the law firm "Godzo, Kicheec i Novakovski" from Ohrid, petitioners of the initiative.

– I must mention that the idea of ​​challenging our legal system on this issue originated from the Center for Legal Research and Analysis. Today, this question is not only raised in our country, but also in the world and affects a new generation of rights that are equated with the basic fundamental human rights and are subject to the operation of the legislative, executive and judicial authorities. The European Court of Human Rights is also dealing with this issue, I am glad that this debate has opened up here as well. I am glad that the Supreme Court made a legal step in favor of the citizens and the judicial system - says Godzo.

With this moment, as Gojo says, four important questions have been raised for the further course of the Administrative Courts.

- Macedonia has fulfilled almost all international obligations regarding the application of those conventions in our domestic legal order. I am not saying that our country does not care about a healthy nation, every country cares as much as it can, but the question is when it undertakes to bring an action plan, to establish a measurement system, and it does not do that, then where can the citizen to seek legal protection. And with this decision of the Supreme Court, which is to be welcomed, it has been shown that it will be the Administrative Court - he adds.

Is this an individual or collective right?

– The Supreme Court took the position that it is an individual right. If a strategy for monitoring ambient air needs to be adopted, if it is stipulated by law that it should be adopted within six months after coming into force, and it is not adopted, the court will be able to react. In our justice system, we don't have acciopopularis (class action), those lawsuits like Erin Brockovich's, if one plaintiff can cause the defendant to pay damages for everyone who didn't join the lawsuit or joined only by statement. We do not have akciopoularis, but at some next stage in the development of our law it is expected that it will be introduced. In our country, if someone sues the state for polluted air and wins the case, the state will have to apply what it promised and it will automatically apply to everyone, erga omnes, there will be clean air for everyone - explains Gojo.

He emphasizes that this judicial process has so far been very complicated due to the importance of establishing a strict line between who did the damage and the injured party (state authority).

– The proof is not at all easy and simple. Before, there were lawsuits filed by citizens against the state authorities for a clean environment, but the process is difficult to prove, it is the plaintiff's obligation to prove that damage was caused by a specific action of a specific person, a direct connection between the injured party and the one who did the damage. From now on, we expect a wider interpretation and bolder steps by the courts - says our interlocutor.

Health cannot be bought with money, the question arises as to how the citizen will be compensated if he wins the case.

– There are three types of compensation: satisfaction, restitution and compensation. Sometimes we forget about satisfaction as a win in a legal process. By the very fact that the right of the citizen is established in such a case, we all win. In addition, the fact that this legal order is ready for debate on such big issues, in step with the world, is also a great success - said Gojo.

According to Gojo, a monitoring system and individual awareness and responsibility are the key factors.

- Not everything is the burden of the state, it is necessary for everyone to do their part. You know, if I pollute the air, and I say that I breathe polluted air, that is the problem. When everyone is concerned about the ambient air, then there will be some impact, and the monitoring system is necessary - he says.

In a country that is among the most polluted in Europe, only 0,8 percent is planned for environmental protection from the total State Budget for 2024. In addition, in Macedonia, a National Plan for the protection of ambient air has not been adopted for 8 years.