Aspecte noi privind controlul aplicării și respectării legislației silvice
New aspects concerning the control of the application and compliance with forestry legislation

Summary/Abstract: The new Forestry Code (Law no. 331/2024) provides a renewed and complex regulatory framework for the control of the application and compliance with the forestry regime and for guaranteeing its integrity, notably through the avoidance of conflicts of interest, while strengthening the role of such control mechanisms as essential instruments for ensuring the effectiveness of the forestry regime. The current legal framework governing forestry control represents a significant advancement compared to the previous one (the 2008 Forestry Code), ensuring its alignment with the general standards of administrative control, both as a means of verifying the exercise of public authorities’ own competences and as an instrument of prevention and information.The legal regime under consideration includes provisions concerning competence and rules for carrying out control activities, procedural obligations incumbent upon control personnel, special powers relating to the ascertainment of administrative offences and acts classified as criminal offences and the corresponding procedures, as well as the rights and obligations of forestry personnel in connection with control activities. It also establishes a general conflict-of-interest regime applicable alike to contractual forestry personnel and to those holding the status of civil servants.The systematisation of the specific provisions in the new Forestry Code brings forward, as a matter of novelty, the establishment of differentiated forms of control over the application and compliance with the forestry regime, distinguished by their purpose, legal nature, and the status of the personnel entrusted with carrying them out.

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