Expanded Summary

Effective multi-level governance, adopting a human rights-based approach to environmental protection and sustainable development, and ensuring that sustainable ecosystems are shared responsibilities of local, regional, and national authorities, parliaments, and governments for future generations. Citizens and NGOs around the world are demanding that governments at all levels implement more ambitious climate change mitigation measures and policies consistent with their human rights obligations. The recognition of the right to a safe and sustainable environment as a human right is increasingly reflected in international and national legislation. Many states have recognized and committed to ensuring the right to a healthy environment in their legislation.

Environmental problems are becoming increasingly relevant in all spheres of economic, social, and political life. Environmental awareness has been steadily developing since the 1970s, and the sudden escalation of the climate crisis has intensified calls for urgent and effective environmental policy action. Hundreds of environmental regulations, treaties, and declarations have been adopted around the world, and numerous international organizations are being formed to address the most critical environmental issues.

When studying international agreements, we can conclude that there is no general and universal declaration on environmental protection, human rights, or basic rights in global international environmental agreements. There is no such global or general international environmental treaty, although there are hundreds of treaties covering a wide range of issues, from protecting the ozone layer to regulating the international transport of waste, not to mention combating climate change.

An important "public matter" that is in the hands of local authorities and has to be solved by them is local spatial planning and development. Development has a very significant impact on the environment, not only in the city but also outside of it. For example, this includes damage to nature caused by illegal dumping of urban waste; pollution of rivers and coastal waters due to unfiltered discharge of urban wastewater, etc. In cities, development plans and policy outcomes are mostly made at the local level, as a result of decisions made by elected local mayors and councilors. Living in cities with parks and green spaces, sports and cultural leisure facilities, low-emission and efficient public transport networks—all these elements of our daily life are the result of decisions and spatial plans made by local authorities. The right to environmental protection in the "city" is defined by development policies and strategies, which are mainly established at the local level.

Considering the nature of environmental problems and the main role of local government bodies in ensuring the effectiveness of the right to environmental protection, local government bodies should have a wide range of competencies in the field of environmental protection. This is true in most European countries, especially with regard to:

- Clean drinking and industrial water supply;

- Disposal, collection, transportation, and storage of waste;

- Purification of city wastewater;

- Fight against excessive noise;

- Air quality monitoring and improvement;

- Environmental emergency management (e.g., floods, industrial waste);

- Fire prevention;

- Cleaning and maintenance of streets, public parks, and recreational spaces

- Construction and operation of all kinds of environmental facilities, such as landfills, garbage processing facilities, waste separation and processing facilities, city wastewater treatment facilities, municipal stations for monitoring and sampling atmospheric pollution, and environmental laboratories;

- Construction and maintenance of green spaces, public parks and gardens, zoos, and animal shelters;

- Regulation and control of vehicle transit.

National governments may set standards and regulations for wastewater treatment, but local governments may provide for local wastewater treatment. National authorities may set regulations and laws regarding excessive noise, but the town hall is best equipped to ensure that a nearby nightclub complies with these standards.

Local government bodies can request their own relevant financial resources within the framework of national economic policy, which they can dispose of freely within their powers. Their financial resources must correspond to their responsibilities under the Constitution and the law. The state should ensure that local authorities receive adequate funding to provide quality environmental services and have the power to increase environmental charges if necessary.

In Georgia, the monitoring system for compliance with the requirements of environmental legislation is well developed. In recent years, the number of environmental monitoring stations has increased. The Department of Environmental Supervision's laboratory provides sampling and basic analysis, while the National Environment Agency conducts more in-depth sampling and analysis and then publishes environmental information. However, the number of monitoring stations is still insufficient, especially for groundwater.

In Georgia, there are various responses to non-compliance with environmental norms, such as instructions to eliminate the violation, suspension of activities, fines, confiscation of permits, and transfer of the case to court. Fines are the most commonly used punishment, but such fines are not a sufficient deterrent because the amount of the fine is low and not indexed to inflation.

A well-functioning system of environmental law enforcement is of great benefit to the economic and social well-being of a country. It helps countries achieve better environmental outcomes by implementing environmental policies at lower costs, which are achieved by directing scarce resources where they are most needed and where they have the greatest impact.

REFERENCES:

1. Congress of Local and Regional Authorities, CG(2022)13-15prov;
2. EU4Environment, 2023;
3. Korkotadze N. (2022), State Sub-Agency Department of Environmental Supervision – Environmental Enforcement Monitoring – Inspection Results, 5 December, Presentation at the EU4Environment Regional Environmental Enforcement Workshop on “Better Environmental Inspections for Stronger Environmental Sustainability”;
4. Ministry of Environment Protection and Agriculture of Georgia, July 17, 2024; https://mepa.gov.ge/Ge/News/Details/21717
5. Law of Georgia on Environmental Liability, 2021;
6. Air Pollution Control in Georgia: Existing Policies and Needs, South Caucasus Regional Office of the Heinrich Böll Foundation, 2022;
7. World Bank, Georgia: The Road to Green and Sustainable Development, 2020