The protection of the environment is emerging as one of the most significant issues of modern law. The Council of Europe, through the Congress of Local and Regional Authorities, has highlighted the need for the explicit recognition of the right to a safe, clean and sustainable environment as a fundamental right.

Although the European Convention on Human Rights does not expressly enshrine such a provision, the European Court of Human Rights has already developed, through its case law, a “green interpretation” of articles such as Article 8 ECHR (private and family life) and Article 2 (right to life), so as to cover cases of serious environmental degradation.

This jurisprudential approach demonstrates that the right to the environment, even though it has not yet acquired autonomous protection, operates in a cross-cutting manner with other rights, making its protection part of the wider human rights system.

At the theoretical level, this right is of a dual nature: on the one hand individual, since it is linked to the health and quality of life of each citizen, and on the other hand collective, as it establishes the obligation of societies to safeguard natural resources for future generations.

Local government reform

As of 2024, the Cypriot legal order is entering a new era of local governance. With the reform now in force, the number of municipalities has been reduced through mergers, communities have been grouped into clusters and new district self-government organisations have been established.

This new structure aims at a more efficient use of resources and the strengthening of administrative capacity. In practice, however, it also provides the institutional foundation for realising the right to the environment at both local and district levels.

The consolidation of forces creates larger administrative units with the technical and financial capacity to assume the role of “implementing authority” of international and European obligations. Local government can now be directly linked to EU and international law, secure European funding, and establish policies that overcome the fragmentation of the past.

Legal and institutional proposals

The adoption of binding charters by District Organisations would amount to a form of local “constitution” for the environment. These charters would incorporate international and European principles and define minimum levels of protection.

An environmental justice index is needed. Developing a methodology for assessing the implementation of the right, with objective indicators (air quality, access to green spaces, waste management), would enhance transparency and establish accountability.

The creation of an independent institution in each district, or an Environmental Ombudsperson, responsible for handling citizens’ complaints and issuing binding recommendations, would constitute a substantial application of the principle of access to justice, as also enshrined in the Aarhus Convention.

Every major project should be accompanied by a specific statement assessing whether the fundamental right to the environment is enhanced or restricted. This would complement environmental studies by focusing on the human rights dimension.

Authorities should be obliged to provide direct access to data (air, noise, water quality), as this lies at the core of transparency. This aspect is crucial for active citizen participation and the effective exercise of the right.

Establishing citizens’ councils or “environmental juries” by lottery would align with the principle of participation in decision-making, a fundamental element of international environmental law.

Lastly, a very strategic plan of local and district authorities should include provisions on its consequences for future generations, thereby enshrining sustainability as a legal obligation rather than a policy option.

The recognition of the right to the environment as a fundamental right is the next logical and legal development in the European human rights system.

The reform of local government in Cyprus provides the institutional vehicle for incorporating this development at the national level. If the new municipalities, community clusters and district organisations adopt innovative practices, they can become models of green governance in Europe.

The protection of the environment is neither a luxury nor an alternative policy. It is a legal and moral imperative. The success or failure of the reform will ultimately be judged by the extent to which it manages to connect democracy with sustainability and to answer the critical question: what kind of environment will we pass on to the next generations?