Subiectul activ al contraventiilor de mediu
Active subject of environmental offenses

Summary/Abstract: The general interest character of the protection and preservation of the environment makes that the passive subject of the environmental breach to be, in most cases, the community as a whole, as it is formally represented by the state. The passive subject of the contraventional liability and, in the same time, the active subject of the contravention, is the moral or physical person, as author of the action or omission ruled and regulated by the contravention rule. Regarding the environmental breaches, the active subject – as a physical person – is often a qualified subject. Specifically determined by the contents of the contravention rule, their quality can be given by exercising a public function, of an occupation, an activity, owning with or without legal title or as a rightful owner of certain goods etc. The quality of active legal subject of the environmental breach of the public authorities is conditioned by the following two aspects: 1. The domain of the attributions established by the law in their task, including the obligations subject to liability in case of breach, as regulated by the contraventional rules; 2. Their legal status, in case of the collegial offices (the local and county councils) and the nature of their incumbent liability. Although the possibility of delegation of powers, including those regarding protection of the environment, from the mayor or the president of the county council, to the vice-mayor or, respectively, the vice-president of the local county, it cannot lead to a transfer of the quality of passive subject of contraventional liability, as the holders of the obligations, as authority of public administration, being the sole entities that can be active subjects of these contraventions. The active subjects of the contraventions under art. 96 of the O.U.G. no. 195/ 2005, which sanctions the breach of legal obligations by the local or county councils, as authorities of the public administration, are actually their members, respectively the local or county councilors.

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