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Analysis of the legal framework and institutional capacities of the local environmental inspection services

Environmental inspection is of special importance having in mind that the protection of the environment is a right guaranteed by the Constitution of the Republic of North Macedonia. This analysis provides an accurate overview of the situation and the challenges in performing inspections at the local level, which is of particular importance to citizens.

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The analysis identifies inconsistencies from three aspects, regulatory, human resources and functional.

From a regulatory aspect, the analysis identifies inconsistencies in the vertical, but, above all, in the horizontal compliance of the systemic laws, the Law on Organization of the State Administration Bodies and the Law on Local Self-Government. This inconsistency creates legal uncertainty as to whether there is a constitutional basis for establishing inspection services at this level, and points to a legal collision on the same issue. Additionally, the analysis identifies a lack of subordination and coordination between the authorized environmental inspectors and the State Environmental Inspectorate, as well as between the Inspection Council and the authorized environmental inspectors.

From the aspect of human resources, the analysis concludes that there is a serious incompleteness, but also a disproportion in terms of the completeness of human resources with regards to the authorized environmental inspectors in the municipalities. This finding from the analysis indicates the need for greater coordination and inter-municipal cooperation to complement and fully utilize the modest existing capacities. An additional shortcoming is the personnel policy in terms of the adequacy of the education of the authorized environmental inspectors.

Finally, there is the functional aspect, which, in fact, gives us an idea of ​​whether the inspection system at the local level is functional and whether it justifies its existence. The analysis concludes that due to lack of human, professional and educational capacities, the system of environmental inspection at the local level is not fully functional. As stated above, it has been established that there is a lack of coordination with the State Environmental Inspectorate, which is a key body in this area and which has the capacity to conduct inspections at the state level.

Given the findings of the analysis, it is quite obvious that there is a need to change the system of inspection at the local level, primarily to provide the necessary capacities in every aspect in order to establish an efficient and effective system. Hence, considering the way the entire system of environmental inspection is set up, it might be expedient to redefine the system and establish a single inspection on the territory of the Republic of North Macedonia for which the State Inspectorate of Environment would be responsible, which would be done at the local level through the regional offices of the State Inspectorate, having in mind the regional organization on the territory of RNM.

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Daniel Braun

Daniel Braun

Head of Office in North Macedonia and Kosovo

daniel.braun@kas.de +389 (2) 3217075 +389 (2) 3217076
Contact

Davor Pasoski

Ansprechpartner Mazedonien

Programme Manager

davor.pasoski@kas.de +389 2 3217 075

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