The ban on appealing orders that declare protected areas does not violate the Constitution

12 Oct, 2021 | 17:06

The request for declaring unconstitutional the provision of Article 12, para. 7 of the Biodiversity Act, according to which the orders determining protected areas are not subject to appeal, was rejected by the Constitutional Court.

The orders declaring protected areas, which introduce restrictions on the use of property, do not violate the Constitution - this was decided today by the Constitutional Court in a case filed by the Supreme Administrative Court on appeal by landowners in the “Kaliakra Complex” protected area.

The decision by the Constitutional Court states that “the Constitution itself provides for priority protection, related to restrictions on property, for higher values ​​established within it, such as protection and reproduction of the environment (Article 15).”

The decision also notes that it is socially justified in a democratic society to pay due respect to the legislative’s discretion in such a sensitive matter as finding the balance between the economic interests of individuals and the public interest in protecting ecosystems in a favorable natural condition - as a prerequisite for public health, and the life and well-being of every person.