BRIEF CONSIDERATIONS ON THE CONSTITUTIONAL, CRIMINAL AND CIVIL LAW MEANS OF GUARANTEEING THE PROTECTION OF BIODIVERSITY
BRIEF CONSIDERATIONS ON THE CONSTITUTIONAL, CRIMINAL AND CIVIL LAW MEANS OF GUARANTEEING THE PROTECTION OF BIODIVERSITY

Summary/Abstract: The importance and necessity of criminalizing acts that pollute the environment no longer needs to be demonstrated, taking into account the fact that, most of the time, environmental pollution seriously endangers the health and life of people, animals and plants. In Romania, environmental protection through criminal law is a relatively recent concern of the legislator, due in particular to the expansion of the crime phenomenon.The topic of reparation of damages cannot be approached in a unified manner, in particular, because environmental damages have certain distinctive characteristics compared to common law. While in common law the damage represents the negative effect suffered by a person as a result of an unlawful act committed by another person, or as a consequence of the act of a thing or animal under his care, the fundamental principle being restitutio in integrum, in environmental law, in the event of the destruction of ecological balances, if the damage is irreversible, it cannot be repaired in nature.

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