G. Autin | May 15, 2023

For taking effective legal action, the extent to which the different levels and structures of government can be held responsible for protecting the environment must be determined.  Most environmental problems have a local dimension and local authorities are the level of government closest to citizens, suggesting that this is a responsibility of local authorities.

Under applicable laws and regulations, local authorities are responsible for necessary actions to protect the environment and combat climate change and have the competence to undertake the appropriate measures.  In some countries, the law may impose the responsibility on municipalities for achieving environmental objectives such that they have the competencies as well as a positive obligation to act – a duty of care.

For the development of an eco-friendly built environment, national, regional and local regulations should promote “green building”.  This suggests application and compliance with relevant Sustainable Development Goals (SDGs) to include prioritizing building renovation over new-builds; appropriate conservation, renovation and use/re-use of our urban cultural heritage; and applying requirements for sustainable design and construction and promoting high-quality architecture and building technologies.

Because of the significance of localizing the SDGs, the right of local authorities to participate in environmental decision-making must be strengthened by acknowledging this right and obligation as an additional protocol to the European Charter of Local Self-Government.

The right to participate in the affairs of a local authority empowers local governments to react to environmental issues arising in their communities, in line with the subsidiarity principle.  The subsidiarity principle states that the responsibility should, as far as possible, be assumed by the smallest "responsible" unit, with higher-level units intervening only when the lower units cannot.

A municipality should also be able to decide on setting up the local services that it deems necessary or reasonable to promptly and effectively deal with the challenges.  Such public services should be allocated to local authorities since they can generally perform that responsibility much better than regional or state agencies.

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