Problems of effectiveness, efficiency and development of environmental law in Romania. Aspects of substantive law and procedural law Cover Image

Probleme ale efectivității, eficienței și dezvoltării dreptului mediului în România. Aspecte de drept substanțial și drept procedural
Problems of effectiveness, efficiency and development of environmental law in Romania. Aspects of substantive law and procedural law

Author(s): Mircea Duțu
Subject(s): Civil Law
Published by: Uniunea Juriștilor din România
Keywords: effectiveness; environmental law; climate law; specialized jurisdictions; environmental prosecutor’s office; environmental lawyer; environmental contentious; climate contentious; environmental crimes;

Summary/Abstract: Despite the extraordinary multiplication and pertinent diversification of environmental protection regulations, at national, regional (EU) and international level, the efficiency and effectiveness of environmental law norms still remain a desideratum. Their level of achievement is insufficient and different from one country to another, being particularly low and, consequently, representing a problem that should be a priority in Romania. The causes of the situation are profound and diverse (being related to the non-perception and non-expression of the specifics of the matter at all stages and at all levels of the legal phenomenon), and its solving involves a „true legal revolution and a reconsideration of the new branch of law”. The ways to overcome the impasse include, in addition to adapting the legislation and promoting appropriate legal tools and mechanisms, also the establishment of specialized jurisdictions and the specialization of persons involved in the functioning of the environmental process. The topic approached by the author is of increased interest as long as the first institutional steps in this direction are being taken in Romania as well.

  • Issue Year: 2020
  • Issue No: 10
  • Page Range: 11-36
  • Page Count: 26
  • Language: Romanian
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