On the application of the “polluter paysˮ principle. Is it necessary to reintroduce the criminal sanction for compliance by polluters? Cover Image

Despre aplicarea principiului ,,poluatorul plătește”. Este nevoie de reintroducerea sancțiunii penale pentru respectarea lui de către poluatori?
On the application of the “polluter paysˮ principle. Is it necessary to reintroduce the criminal sanction for compliance by polluters?

Author(s): Remus Jurj
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: pollution; environmental protection; polluter pays; criminal sanction;

Summary/Abstract: Media reveals acts of pollution every day, but little news is about the firm intervention of administrative authorities and very little about the intervention of the judiciary, so the effects on prevention and public awareness are minimal. The author describes the legislative evolution of the “polluter pays” principle and the period in which non-compliance with this principle was criminally sanctioned if the consequences concerned the injury to bodily integrity, health or loss of life. The conclusion is supported by a case study in which it was argued that a substantial criminal fine is not only proportionate and fair, but will also draw the attention of management and shareholders to the need to protect the environment, thus resulting in a significant impact on the company as a whole.

  • Issue Year: 2021
  • Issue No: 1
  • Page Range: 15-26
  • Page Count: 12
  • Language: Romanian