Legal liability in connection to the environment – preventive and curative measures in the light of Environmental and Energy legislation

The project compared the legal frameworks governing environmental liability in Slovenia as an EU Member State and Montenegro as an EU candidate country. Particular attention was devoted to the relationship between private-law and public-law liability mechanisms and between preventive and curative measures. The research covered civil, administrative and criminal liability for environmental damage, the implementation of Directive 2004/35/EC on environmental liability, the polluter-pays principle, access to justice, compensation for traditional and environmental damage, and the interaction between environmental and energy law. The project findings emphasize that the prevention of environmental damage should take precedence over subsequent remediation and compensation. They demonstrate the need for more effective supervision and enforcement of environmental legislation, better coordination of environmental and energy policies, and closer cooperation among public authorities, industry, academia and civil society. The project produced concrete recommendations for improving legislation, corporate governance and legal practice, as well as for incorporating environmental law, sustainable development and corporate social responsibility into legal education.