EU's Fundamental Rights: Citizens' Secret Weapon in Court
Nacho Strigulev 10-02-2026.
Do you want clarity on where renewable energy projects can and cannot be built? Where concrete can be poured? Where noise can be generated or waste burned? A STELLAR Rights project conference in Sofia demonstrated that the EU Charter of Fundamental Rights ptovides solid legal basis for citizens' access to information on decisions that affect the environment and ability to participate in their making. And get public authorities to court, when they fail to provided them.
For years now, local communities and environmental groupsacross Bulgaria have been protesting gainst photovoltaic installations in agricultural or natural protected areas, while investors have been complaining about cumbersome procedures and legal uncertainty. A key reason for this chaos is the state’s systematic failure to fulfil its obligation to map priority zones for renewable energy development, explained Aleksandar Kodzhabashev, one of Bulgaria's first environmental attorneys. Such zones may include industrial areas, infertile land, sites posing no risk to human health, territories with low environmental risk, and so on. The absence of such mapping creates administrative disorder, threatens nature, deters investors, and exposes the country to the risk of serious financial sanctions from the Court of Justice of the EU. Instead, state inaction literally “drives the energy transition mad”, Kodzhabashev said.
He was a keynote speaker at a conference entitled “Applying the EU Charter of Fundamental Rights in Environmental and Climate Policies.” On 29 January 2026 in Sofia, the event brought together representatives of key state institutions, senior magistrates, lawyers, and human rights defenders to discuss the integration of European standards into national legislation. It was hosted by BlueLink - the civic think and action network. and the pan-European Justice & Environment (J&E) network, as a final milestone in Bulgaria of their STELLAR Rights project, funded by the EU “Citizens, Equality, Rights and Values” (CERV) programme. The conference is part of the official calendar of the European Climate Pact and was implemented in cooperation with Climate Coalition Bulgaria.
The good news, Kodjabashev said, is that European legislation (the RED III Directive of 2023) is on the side of good governance and sets a clear deadline for ending the chaos – 21 February 2026. By then, Bulgarian institutions are required to designate specific territories for accelerated green development. Failure to meet this deadline will lead to heavy EU financial penalties and the blocking of billions of leva under the Recovery and Resilience Plan. But goverment inaction was just one of many aspects of the nexus between human rights and EU nature protection legislation, discussed by the conference.
In a opening video address, the Director of the EU Agency for Fundamental Rights (FRA), Sirpa Rautio, presented the EU Charter of Fundamental Rights as a source of rights and freedoms for citizens and a binding standard for public authorities in shaping and implementing energy and climate policies. She also underlined the key role of journalism for the state of democracy, pointed to negative phenomena such as SLAPP lawsuits, and highlighted the importance of the adopted Anti-SLAPP Directive (EU) 2024/1069.
In the photo below: BlueLink experts Plamen Peev (left) and Pavel Antonov who led the conference discussion. Photo: BlueLink
Lyuba Tsakova of the International Cooperation Directorate at the Ministry of Justice, pointed at the new Directive (EU) 2024/1203 on the protection of the environment through criminal law, which updates the 2008 rules and is subject to compliance with the EU Charter of Fundamental Rights. The government expert stressed that environmental damage violates citizens’ right to health and cannot be remedied through financial compensation. Tsakova announced that the ministry has established an interinstitutional working group to propose transposition measures for the new directive, which expands the list of criminal offences to 20, including the illegal spread of invasive species. Amendments to the Criminal Code must be ready by 21 May this year.
On behalf of the Bulgaria's Ombudsman institution, Petya Karadzhova, Director of the Right to Property, emphasised that the subject of climate and environmental rights is of exceptional interest. The Ombudsman treats it through the lenses of the right to good administration under Article 47 of the EU Charter, as well via the constitutional powers of the Ombudsman. Over the past 20 years her institution has worked to develop independent civic oversight of public authorities and explained the ways in which the Ombudsman acts to protect these rights.
In the photo below: Petya Karadzhova (left) and Yuliya Stoykova from the Ombudsman institution. Photo: BlueLink
The Ombudsman receives many complaints related to environmental protection and spatial planning, often involving non-compliance with the law in renewable energy projects and cases of industrial pollution, Yuliya Stoykova acknowledged. When complaints are also addressed to other institutions, the Ombudsman acts as a guarantor that responsible authorities will take action. “For us, the principle of good administration is fundamental,” Stoykova explained.
Most complaints to the Ombudsman concern environmental issues, including the right of access to drinking water, Borislav Sandov commented. The former Deputy Prime Minister on Climate Policies and environment minister stressed that the many local referendums on environmental issues held in recent years speak both to citizens’ determination and to their lack of trust in institutions. Sandov called for the creation of an Environmental Code to enshrine rights and obligations related to environmental protection.A
Apostol Dyankov, Climate and Energy Department Head at Sofia Municipality highlighted the importance of public awareness and citizen participation in decision-making, including regarding their environmental rights. “We must have an educational mission,” he said, adding that citizen support was key to the introduction of low-emission zones. He spoke about the municipality’s efforts to eliminate so-called “muddy spots” to reduce dust pollution and the urban heat island effect. Dyankov pointed to the Sofia Decides platform as a tool for active civic participation in decision-making.
Environment Attorney Regina Stoilova commented on the case law of the Supreme Administrative Court, which prioritises economic interests over the right to health and a clean environment. Attorney Aleksandar Kodzhabashev expressed his gratitude and respect for the legal arguments in the Ombudsman’s documents and voiced hope that these opinions would be used more actively in court proceedings.
A key part of the conference was the presentation by attorney Kodzhabashev, who outlined a strategy for using access to justice, good administration, and access to documents as tools for protecting citizens’ rights under the Charter. He analysed case law, highlighting successful clean air cases in Sofia and Plovdiv, as well as international cases such as Urgenda in the Netherlands. Kodzhabashev examined judicial protection possibilities under Articles 37 (environmental protection), 41 (right to good administration), 42 (access to documents), and 47 (effective remedies) of the Charter.
In the lively professional discussion on legal aspects, attorney Regina Stoilova criticised the Supreme Administrative Court’s practice of prioritising economic interests over the health rights of local communities; Judge Sibila Simeonova from the Supreme Administrative Court responded to many questions about the institution’s practice; Stefan Angelov, lawyer from the Access to Information Programme, pointed to the systemic lack of legal capacity in regional environmental inspectorates; and attorney Ivan Velov insisted on full transparency and publicity of administrative files.
Aleksandra Aleksandrova, Advocacy and Policy Coordinator at Amnesty International Bulgaria, presented strategic climate litigation at international level and work on an additional protocol to the European Convention on Human Rights on the right to a clean environment. Olya Peneva, Director of the Bulgarian Foundation for Business and Human Rights, underlined the need for cooperation between business and civil society organisations in applying international sustainability standards.
Climate and energy expert Georgi Stefanov recalled that Bulgaria is part of the EU Energy Union. Under this framework, Member States are obliged to maintain an ongoing dialogue with stakeholders in the energy transition and stressed that an active civil society voice is essential.
The EU Charter of Fundamental Rights is part of EU primary law and is directly applicable in Bulgaria, com. The Charter’s main contribution is that it underscores the importance of human rights in law-making and policy development, including in the fields of climate and energy,” Peev stated.
In a comment after the event, attorney Kodzhabashev said: “BlueLink organised a very substantive discussion. Its focus was on how those concerned with protecting the right to a healthy environment and with the proper implementation of climate policies can invoke and use the EU Charter of Fundamental Rights. In this sense, my impression is that both colleagues and non-lawyer participants were very satisfied. I am confident they gained ideas on how to use the Charter’s provisions. I very much hope it will ‘come alive’ and that more and more people will rely on its texts.”
Additional information about STELLAR Rights can be found here.
Climate rights – news and analysis
Funding and partnership
This publication is part of the STELLAR Rights project (“Strategic Litigation and Environmental Rights”), funded by the EU “Citizens, Equality, Rights and Values” (CERV) programme. The EU bears no responsibility for the views expressed.
