CONSIDERAŢII CU PRIVIRE LA REGLEMENTAREA PERDELELOR FORESTIERE DE PROTECŢIE
CONSIDERATIONS REGARDING THE REGULATION OF PROTECTIVE FOREST CURTAINS

Summary/Abstract: After reviewing the notions of "forest curtains" and "forest corridors", the author critically analyzes the provisions of Law no. 289/2002 regarding forest protection curtains, republished, with subsequent amendments and additions, published in Official Journal of Romania, Part I, no. 143 of February 26, 2014. Particular attention is paid to the institution of legal liability for non-compliance with the regulations regarding forest protection curtains. The conclusions of the study related, among others, to: the alteration of the clarity of the regulation as a result of the successive amendment of the law not followed by the appropriate correction and the use of an imprecise terminology, in the conditions where the norms of a special nature are inserted among those of a general nature; to forest curtains for the protection of highways and national roads which constitute a separate category of forest curtains, with a special regime, in a part-whole relationship with the wider category of forest curtains for the protection of communication and transport routes, in especially against snowfalls, whose width and property form are determined imperatively by law; to the difference between the scope of application of the institution of expropriation for reasons of public utility in the matter of the establishment of protective curtains of highways and national roads and the scope of the same institution regarding all other types of protective forest curtains; to the observance of the sectoral legislation in other fields applicable to the establishment of forest curtains, depending on their location, or to the right of the owners or holders of the forest curtains to protect the non-wood products specific to the forest fund existing in the plantation, with the exception of wild fauna of hunting interest; de lege ferenda proposals aimed, in essence, at the repeal of some redundant provisions, the correlation of the normative act with the legislation in force, the introduction of new provisions regarding the sanctioning of the violation of the legal provisions in the matter, as well as resistematization of the law, with the renumbering of the articles and the establishment of their marginal name.

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