The Property Right and the Requirements of Environmental Protection (original) (raw)
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At the Common Core meeting of 1995 a "Working Agenda" was presented to the "Group on Property" with the aim of facing the problem of individualising the common core of European Private Law in the field of property as related to the environment. It was pointed out that this is actually a field where not only private law, but also many other components play a very important role. As the purpose of the Trento project is basically one of private law, the aim of the Working Agenda and of the following Questionnaire was to focus on the particular question: "Who owns the environment?" On this basis, the "Group on Property", agreed to give me the task, as coordinator of the project on "Property and Environment", of drafting the questionnaire applying the methodology decided in Trento. The first version of the questionnaire was presented at the Common Core meeting of 1996 and revised after a discussion with the national reporters and the chairman of the session "Property", Professor Antonio Gambaro. The revised version was then circulated to environmental law experts from different European countries. The selection of the contributors as well as the development and refinement of the questionnaire took a considerable amount of time, but I finally reached the objective of collecting case studies from thirteen European jurisdictions, representing civil law countries, common law countries and Nordic countries in a balanced way. The volume is divided in two main parts: the first one contains three introductory chapters where the authors try to sketch out the general scenario in an historical and comparative law perspective; the second one includes, after a short description of the working agenda and the questionnaire, the case studies of the thirteen European jurisdictions. Now that the volume is finally coming to completion, I would like to thank all of the contributors. In particular, I express my deepest thanks to all national reporters and contributors for undertaking this task and preparing their reports. Moreover, I would like to thank Valentina Jacometti, research assistant to the chair of Private Comparative Law at the Università degli Studi dell'Insubria, for her assistance with the editing of the volume, and Francesco Castelli for his help with the collection of the bibliographical references and the abbreviations.
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THE RIGHT TO A HEALTHY ENVIRONMENT – CONSTITUTIONAL CONCEPT
Social and economic changes in Romania focused on economic centralism for a society that wants a set of value based on market economy system determine system and structure changes. These changes are accompanied by change in the law since the Constitution. The privatization process in the 1990's was not accompanied by performance legislation on environmental conservation and protection. Many privatized companies were mishandled and soon reached the liquidation and asset recovery as scrap metal. I some cases, previous technological processes with chemical compounds polluted soil, subsoil, groundwater with hazardous chemical waste. Decontamination is the responsibility of anyone; public administration has no property right, but has interest in environmental law principles. Such a situation analyzes the effects of pollution from Turda, Cluj County chemical waste from the former company, chemical Turda plants.
2021
Din ce în ce mai des apare problema utilizării și exploatării resurselor naturale drept principala traiectorie de promovare a economiilor naționale. Unele țări încearcă să renunțe complet la exploatarea acestora altele însă înafara de ele nu prea au nimic pentru ași subsidia economia națională. Pe parcursul utilizării intensive a acestora de către omenire, s-au formulat niște concluzii ce presupun că utilizarea necontrolată a acestora poate duce direct la distrugerea planetei pe care noi trăim. Esența lucrării date manifestă principiile de abordare a resurselor naturale sub aspectul ulterioarei introduceri în circuitul civil capitalizându-le, dar aceasta trebuie să fie făcută foarte atent cu condiția că valorificarea lor nu va duce la imposibilitatea ulterioară a folosirii lor sau epuizarea lor completă fără a fi posibilă regenerarea lor. Tratarea corectă a obiectelor respective în circuitul civil, având o conotație mai specială din cauza importanței lor, a fost și este nucleul necesității existenței unor principii în abordarea acestora.
This paper deals briefl y with the issue of the horizontal effect of fundamental rights and its illustration in the context of environmental law. The so-called process of 'constitutionalization of private law in Europe' is the main issue behind the analysis of the impact of fundamental rights in private relationships. The analysis has been approached mostly by private lawyers, who more and more are realizing the importance of mooring arguments in the land of the 'European Constitutionalization Process'. The argument shall be integrated in a discourse of a constitutional nature that has not been taken seriously yet. The fundamental right to environment, one of the most controversial social rights (in terms of the delimitation of its contents) emerges as a right of impossible enforcement by a private individual. Still, it is possible to draw some positive conclusions on the impact that the constitutional developments in respect of the protection of the environment have for the protection of private interests. The constitutionalization of private law has broadened the grounds of protection of private interests related to environmental issues. Certain court decrees would be unthinkable under the traditional rules and concepts of a systematic and hermetic system of private law. The analysis of the right to environment brings as a consequence the understanding of what happens to be the conciliation of private and public law.