On 10 July 2024, the Parliamentary Committee on Legal Affairs, Justice, and Public Order convened to discuss significant legislative proposals aimed at amending the Constitution of the Republic of Cyprus.
Introduction
The proposals under consideration by the Parliamentary Committee were the second amendment of the Constitution of 2022 and the fourth amendment of the Constitution of 2022.
The primary objectives of these legislative proposals are:
- To constitutionally enshrine the right to a healthy and sustainable environment, along with the necessary procedural guarantees, such as the right to environmental information and access to justice on environmental matters; and
- To constitutionally guarantee the right to life in conditions that ensure the protection of health, the environment, and biodiversity.
What is changing?
The amendments seek to elevate the right to a healthy and sustainable environment to the same level of legal protection as the right to life and physical integrity. This move modernises the Constitution of Cyprus by incorporating explicit provisions for environmental protection. The proposed amendments guarantee the right to a healthy and sustainable environment for all, including future generations.
By including autonomous rights, the amendments aim to modernise the Constitution in a way that reflects third-generation "solidarity rights." This is in line with the international trend of establishing autonomous environmental rights, as endorsed by the Council of Europe. It is recognised that the urgent need for autonomous constitutional recognition and protection of environmental rights is driven by changing conditions that threaten ecological sustainability and human life.
Following the Parliamentary Committee session, it was noted that environmental protection and citizens' rights to a clean environment should be elevated to a constitutional right. It was highlighted that the entire group of attendees embraced the bill that was proposed two years ago including the Commissioner for the Environment, the relevant Ministry, and all environmental organisations.
The plan is to move forward with the initiative when Parliament resumes in September.
Implication of this change
Following the Parliamentary Committee session, it was highlighted that this legislative initiative is of great importance, as its approval would place Cyprus among a select group of countries that have elevated environmental protection and the provision of rights to citizens and organised groups regarding the environment to a constitutional level.
This legislative move signifies a substantial step forward for Cyprus in acknowledging the importance of environmental rights and aligning with international standards and commitments.
For more information or any inquiries, please feel free to write to the members of the Harris Kyriakides Environmental Compliance team or contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.
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