Rolul jurisprudentei în afirmarea unor principii de drept al mediului
The role of case law in affirming the principles of environmental law

Summary/Abstract: Case law (judicial precedent) is considered an auxiliary source of law. Throughout the history of law, there were periods in which case the chief form of expression of the law. On stage they go through a few legal systems still consider law as a source of self - said. But there are areas of law in which law plays still an important role. In environmental law, for example, case law, although it is still considered a legal source auxiliary, can play an active role for particular cases. Through case law have imposed a series of fundamental principles of environmental law, such as applying the precautionary principle and the principle of uncertain risks for the right to a healthy environment. The evolution of case law shows that, through the complex business of judges to interpret and apply the law, she will never fall into disuse. It would not create laws that would come in contradiction with the principle of separation of powers, but will continue to highlight a series of rules of law, especially those which are more difficult place, but are „required” economic realities, social and legal aspects that go through the period.

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