Necesitatea, forme și etape posibile ale adoptării unui Cod al mediului în România
The Need, Forms and Possible Stages of Adopting an Environmental Code in Romania

Author(s): Mircea M. Dutu-Buzura
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Environmental and Energy policy
Published by: Universul Juridic
Keywords: environmental code; environmental law; climate law; codification”; constant law; legislative compilation; non-regression; the right to a sane environment;
Summary/Abstract: Despite the evident need for rationalization and systematization of the existing legislation, of the propositions and assumptions of jurisprudence, and even the pertinent official concerns, the codification of environmental law leaves, in Romania, much to be desired. After the failure of such a project, started and proposed by the first framework-law in this field after 1989 (law no. 137/1995 regarding environmental protection) which had to be completed by 18 special laws in a cohesive corpus and some official declarations invoking the necessity of such an effort, the issue has remained a concern exclusively for the specialists in the field. In this context, starting from the state of the Romanian environmental legislation, the particularities, the situation and the development perspectives of environmental law, under a European and global impulse, this paper argues in favor of the need to rationalize and systematize, by codification, the legal regulations on this field, also revealing possible forms of doing it (by showing the pros and cons of each of them). A special place is occupied by the analysis and identification of the necessary innovations and developments, in this perspective, of the existing legal framework and the foreshadowing of a consistent theme plan for a future code of the environment. Moreover, from the point of view of judicial technique, come into view the necessary and possible steps of the process to elaborate the preliminary draft of such a complex regulation.

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