12. Reflecţii asupra aplicabilităţii directe a Convenţiei de la Aarhus în lumina sent. civ. nr. 20653 din 21 noiembrie 2014. Studiu de jurisprudenţă
12. Reflections on the direct applicability of the Aarhus Convention in the light of civil judgment no. 20653/21 Nov 2014. Case law study

Summary/Abstract: The civil judgment no. 20653/2014 of the Bucharest District 1 Court provides a significant landmark on the interaction between the domestic regime of forfeiture, as set out in the Civil Code and the Code of Civil Procedure, and the rights enshrined in international instruments of direct application, in particular the Aarhus Convention. In this case, the court was called upon to analyze, on the one hand, the limits of access to justice for non governmental organizations in matters of environmental protection and, on the other hand, the way in which the internal procedural rules on interest, standing and applicable procedural sanctions including the forfeiture of rights may or may not restrict the exercise of a fundamental right of access to the courts. The commentary examines the court's reasoning and reveals that traditional private law mechanisms of disqualification cannot operate in a way that would render the guarantees provided by international environmental law meaningless, especially when the dispute concerns collective interests.

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