The Concepts
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За понятията „екологична отговорност" и „екологична щета"
The Concepts "Ecological Liability” and "Ecological damage"

Author(s): Polya Goleva
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: Apart from the national legal regimes of the member states on civil liability, which cover damage caused on persons and property, there is a special regulation of the liability, whose purpose is to cover damage caused on the environment as a whole. As far as damage, caused on the environment is not indemnified, the cost towards damage, is taken care of by the state. The fundamental task of this liability is to hold operators, who cause ecological damage, liable on the basis of the principle "polluter pays", which has been introduced in accordance with the requirements of Article 174 of the EU Contract after its amendments in Maastricht. Potential polluters must be clearly defined because it is necessary to know who will foot the bill for the ecological damage. In such a way potential polluters are motivated to take the necessary care of the environment. In order to receive this result the Law on the liability for prevention and indemnity of damage caused on the environment, prescribes two regimes of liability. The first one concerns operators, who commit dangerous professional activity, and is described in an appendix to the Law. This regime provides that the operator is liable despite their fault. The second regime applies to the remaining kinds of professional activities and under it operators are liable only for their fault. The state plays an important role in the liability scheme. It must find the liable delinquents and insure the prevention of the damage and its indemnity. Nongovernmental organizations and citizens can require that the state take the measures, prescribed by the Law. The scope of the Law concerns all significant cases of ecological damage, which cannot be covered by other legal measures except the ones defined by the Law.

  • Issue Year: XLIX/2008
  • Issue No: 3
  • Page Range: 42-59
  • Page Count: 18
  • Language: Bulgarian