The judicial route for environmental disputes in Georgian law
Georgia has no separate specialized environmental court — environmental disputes are heard by the ordinary courts, under the general rules of administrative and civil law. However, the substantive foundation of these disputes — what you rely on in court — is formulated in the Law of Georgia on Environmental Protection: the rights of citizens, the fundamental principles of environmental protection, and the regime of state control. This page explains which legal anchors you have in court and what to know about limitation periods for environmental damage claims.
In practical terms: if you oppose the placement, design, construction, reconstruction or operation of an ecologically dangerous object, or have suffered environmental damage, your position must be built on this law, while the procedural side is determined by the general procedural legislation.
Rights of citizens in the field of environmental protection
The law grants citizens a set of rights that form the substantive foundation of a court dispute. A citizen has the right to live in an environment harmless and wholesome for his or her health; to enjoy the natural environment; to receive complete, objective and timely information on the state of his or her working and living environment; to receive environmental and ecological education; to unite in environmental non-governmental organizations; and to participate in the consideration and adoption of significant decisions in the field of environmental protection.
Two rights are especially important for disputes: the right of a citizen to receive compensation for damage caused to him or her by the non-fulfilment of the requirements of the legislation in force in the field of environmental protection in Georgia; and the right of a citizen to demand in court the change of decisions on the placement, design, construction, reconstruction and operation of ecologically dangerous objects. This last norm is the anchor for challenging an administrative decision in court.
Principles that work in court
When planning and implementing activities, state governance bodies and natural and legal persons are obliged to be guided by the fundamental principles of environmental protection, and courts use these principles as the starting point of interpretation. From the dispute perspective the most workable principles are: polluter pays — the subject of an activity is obliged to compensate the damage caused to the environment; the principle of access to information — information on the state of the environment is open to the public; the principle of public participation in decision-making; and the principle of environmental impact assessment — the subject of an activity is obliged, when designing or planning, to assess the possible impact on the environment in the manner established by law.
The practical force of these principles is that they frame the argumentation: you can show the court that a decision was taken contrary to them even where the formal procedure appears observed.