REFLECŢII JURIDICE REFERITOARE LA CONSACRAREA PRINCIPIILOR CARE AR GUVERNA PROCEDURA CONTRAVENŢIONALĂ LA APLICAREA PRINCIPIULUI PREZUMŢIEI VINOVĂŢIEI ŞI AL CARACTERULUI OBIECTIV AL RĂSPUNDERII PENTRU CONTRAVENŢII DE MEDIU (ECOLOGICE)
LEGAL REFLECTIONS ON ENSHRINING THE PRINCIPLES THAT WOULD GOVERN THE INFRINGEMENT PROCEDURE WHEN APPLYING THE PRINCIPLE OF PRESUMPTION OF GUILT AND STRICT LIABILITY FOR ENVIRONMENTAL (ECOLOGICAL) OFFENCES

Summary/Abstract: This research examines the legal framework applicable to the infringement procedure in the field of environmental protection, emphasizing the application of the presumption of guilt and strict liability. The prospects for integrating these principles into national offences legislation are analyzed in the light of international regulations, in particular Article 6, paragraph 2 of the European Convention on Human Rights, which enshrines the presumption of innocence. At the same time, the study provides a set of strong arguments according to which, in the case of environmental offences, strict liability would allow the sanctioning of harmful acts without the need to prove the intention or fault of the offender, thus ensuring a more effective protection of the environment. It also provides a justified approach to the precautionary principle and its role in the context of preventing environmental (ecological) damage, with clear legal proposals for its application.

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