Neîndeplinirea obligaţiilor statului în materia protecţiei mediului şi exigenţele procedurale ale constatării judiciare. Observaţii pe marginea Hotărârii CJUE din 21 iulie 2016, Comisia Europeană c. României, C-104/15
Failure by the state to fulfil its obligations in the field of environmental protection and the procedural requirements of the judicial finding. Comments on the Judgment of the CJEU of 21 July 2016, European Commission v. Romania, C-104/15

Summary/Abstract: Judgment of the Court of Justice of the European Union of 21 July 2016, delivered in Case C 104/15, European Commission v. Romania, provides a useful framework for reflection not only on the obligations of the Member States in the field of the management of extractive waste, but also on certain rules of procedural relevance that accompany the judicial finding of a failure to fulfil obligations. Although the dispute is based on Articles 4 and 13(2) of Directive 2006/21/EC, the Court’s ruling is also valuable as regards the procedural mechanisms it brings to light: the role of the pre litigation phase, the delimitation of the subject matter of the dispute, the admissibility of developing the arguments in the reasoned opinion, the standard of proof in an action for failure to fulfil obligations, the Member State’s duty of sincere cooperation and the relevance of the preventive function of the legal norm in assessing the conduct of the authorities. The study highlights that, in disputes concerning statutory preventive obligations, procedure cannot remain neutral in relation to the purpose of the substantive rule, but must be interpreted so as to ensure the effectiveness of legal protection.

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