NECONFORMAREA ROMÂNIEI CU CERINŢELE CONVENŢIEI DE LA AARHUS, OBSERVATĂ PRIN PRISMA DECIZIEI NR. VI/8H/ 2017 A COMITETULUI DE CONFORMARE AL CONVENŢIEI ŞI MĂSURILE ÎNTREPRINSE DE AUTORITĂŢILOR NAŢIONALE RESPONSABILE FAŢĂ DE RECOMANDĂRILE COMITETULUI
THE NON-COMPLIANCE OF ROMANIA WITH THE REQUIREMENTS OF THE AARHUS CONVENTION, AS SEEN THROUGH DECISION VI/8H/2017 OF THE MEETING OF THE PARTIES AND THE MEASURES TAKEN BY THE COMPETENT NATIONAL AUTHORITIES IN RELATION TO ITS RECOMMENDATIONS

Summary/Abstract: Starting from the unchallenged fact that „the environment is a responsability which we take upon in common”, this paper discusses the goal and principles of the Aarhus Convention – a landmark instrument of democracy in environmental policies. It presents the means of implementation- at national and EU level – of the Aarhus Convention, it invokes legislation passed by Romania in order to comply with the obligations taken with the ratification of the Convention and for the transplant of Directives no. 2003/4/CE and 2003/35/CE. It invokes the recommendations comprised in Decision VI/8h, as passed at the Meeting of the Parties to the Aarhus Convention – which took place at Budva, Montenegro, in 2017 – with regard to the non-compliance of Romania with the requirements of the said Convention, as surmised in two cases involving administrative litigation courts. The author argued that solely promoting the notions and legal institutions efficient in this area is insufficient, that the efficacity of justiciability in the area of environmental law must be a priority of national authorities, so that the protection of the environment may become a Romanian reality as well. In relation to the topic treated in this paper, the author formulates some proposals de lege ferenda that would lead to attaining said goal.

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