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Portugal

Constitution of the Portuguese Republic (1976)

Part I, Title II, Chapter 2, Article 52, Section 3a:

“Everyone shall be granted the right of actio popularis, to include the right to apply for the appropriate compensation for an aggrieved party or parties, in such cases and under such terms as the law may determine, either personally or via associations that purport to defend the interests in question. The said right shall particularly be exercised in order to: a. Promote…the preservation of the environment”

Part I, Title III, Chapter 2, Article 66:

“1. Everyone shall possess the right to a healthy and ecologically balanced human living environment and the duty to defend it.

2. In order to ensure enjoyment of the right to the environment within an overall framework of sustainable development, acting via appropriate bodies and with the involvement and participation of citizens, the state shall be charged with:

a. Preventing and controlling pollution and its effects and the harmful forms of erosion;

b. Conducting and promoting town and country planning with a view to a correct location of activities, balanced social and economic development and the enhancement of the landscape;

c. Creating and developing natural and recreational reserves and parks and classifying and protecting landscapes and places, in such a way as to guarantee the conservation of nature and the preservation of cultural values and assets that are of historic or artistic interest;

d. Promoting the rational use of natural resources, while safeguarding their ability to renew themselves and maintain ecological stability, with respect for the principle of inter-generational solidarity;

e. Acting in cooperation with local authorities, promoting the environmental quality of rural settlements and urban life, particularly on the architectural level and as regards the protection of historic zones;

f. Promoting the integration of environmental objectives into the various policies of a sectoral nature;

g. Promoting environmental education and respect for environmental values;

h. Ensuring that fiscal policy renders development compatible with the protection of the environment and the quality of life.”