Independent Legal Review of “Lukovo Pole” Renewable Energy Project’s compliance with Macedonian Laws and EU legislation as well as Macedonia’s obligations under international treaties and conventions that Macedonia is a party to, including the due process
Client: JSC Macedonian Power Plants, Skopje (AD ELEM)
This project consisted of delivering an independent legal review on the legal validity of the “Lukovo Pole Renewable Energy Project” (LPREP). The LPREP envisions the construction of a hydropower plant and accompanying infrastructure objects (intakes, channels, tunnels, reservoirs) in Mavrovo National Park, a protected area in Macedonia (a future Natura 2000 site).
The independent legal review was provided in light of the relevant Macedonian law, relevant EU legislation and Macedonian obligations stemming from relevant and applicable international conventions. The following areas were analysed: nature protection, SEA, EIA, water, spatial planning and permitting, public participation, transboundary impacts and border agreements.
For the analysis, the complaints raised by Civil Society Organisations (CSOs) concerning the legal validity of the project were specifically analysed. The assignment included literature review, legal analysis, jurisprudence review and interviews with the relevant stakeholders, including a mission to FYR Macedonia.
The Final Report provided an independent legal review, based on a legal analysis of the relevant issues, and an assessment of the due process followed and provided a clear overview of the necessary steps to be taken in the future for the LPREP to comply with the relevant Macedonian national and international requirements, as well as with EU legislation.