Dreptul mediului – elefantul din sufrageria cu cristaluri a instanţelor de contencios administrativ?
Environmental law – The Elephant in the Crystal Room of the Administrative Courts?

Summary/Abstract: Although it has become commonplace, as argued in the legal literature, to emphasize the existence of environmental risks caused by human activities and the need to adopt appropriate protective devices, there are rare cases that involve environmental law (and a reconciliation between the principles of environmental law and economic activities) resolved by the administrative courts from our country.This is unsettling in the conditions in which it is happening in relation to the right of access to remedies. And it is all the more disturbing considering, as judiciously observed in literature, that access to justice in environmental matters is not only a right of the individual, but is also the instrument of activation of the judicial power in terms of the control exercised over the executive power, in a matter valued, by law, as being of public interest.Although administrative litigation offers special potentialities in the field of reconciling environmental protection with economic freedoms, these remain partially unexplored due to the lack of their use by litigants or due to the procedural impediments they encounter during the trial.This is the framework in which we will seek to observe possible ways that could be used to improve the effectiveness of environmental litigations from the perspective of the claims that we can submit to the administrative courts in the event of environmental damage.

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