Constitutional protection of environment must be enforceable in court, ADPD says

Malta’s Green Party has called for the constitutional protection of the environment to be enforceable by the law courts.

Malta’s Constitution explicitly states that the protection of the environment and protection from pollution are principles contained in its Second Chapter, but Article 21 states these provisions are not enforceable by any court.

ADPD has repeatedly called for these, and the other principles in Chapter II, to be enforceable by the courts. “This would elevate our Constitution, whereby this Chapter is not just considered mere decoration and fluff, but is in line with the model of constitutional principles as applied in other countries,” secretary-general Ralph Cassar said.

“The logical step is simple. The principles in Chapter II of the Constitution should become enforceable in court by deleting or amending Article 21.”

Cassar took to task the Nationalist Party after yesterday calling for the right to the environment to be considered a ‘human right’ in the Constitution of Malta. “The fact is that both the protection of the environment and protection from pollution are listed as principles... We had already made submissions in this sense to the Constitutional Convention which, due to a lack of goodwill from either the government or the opposition, or both, is  conveniently for them in a state of limbo. We also reiterated the proposal in the 2022 electoral programme.”

ADPD chairperson Sandra Gauci said that constitutional principles which remain unenforceable are to all intents and purposes just a dead letter. “In countries where constitutional principles are enforceable, civil society has made historic gains in courts, in areas such as the fight against climate change and air quality, for example. In the United Kingdom in 2015 the Supreme Court forced the Government to clean-up the air from nitrogen dioxide pollution from diesel vehicles which kills thousands of people a year. A Dutch Court, also in 2015, ordered the Government to reduce emissions affecting the climate by at least 25% in five years.”

Gauci said it was disgraceful that Malta’s parliamentary parties had let really important principles be simply fluff in our Constitution. “It’s high time that they stop tinkering with the Constitution. It is high time for them to get down to business and take the Constitutional reform seriously.”