Law Review International Journal of Law and Jurisprudence Online Semiannually Publication published by Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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Recent case Law of the Romanian courts and the European union court of justice related to the objective environmental liability

Cristian Mares

Abstract

 

Although the economic interests have played a major political role in the recent period, in a number of litigations the courts applied the “polluter pays” principle and rendered favorably judgments to the claimants which suffered a damage caused by pollution.
In this respect, it is worth analyzing the case law of the European Court of Justice which has recently provided the presumption of liability for pollution of the operators which operates installations on land adjacent to a polluted area.
As the Romanian case law is concerned, given the novelty of the framework of an objective environmental liability and the low number of cases related to this issue, it is to be developed a constant jurisprudence as the decision rendered by the Romanian Court of Appeal as of March 9, 2009, which forced a polluter to remedy totally and in kind the damage caused to an individual’s house.

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Volume VII, special issue 2, posted at 29th of March 2017

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Summary

Articles (Studies, discussions, comments)

LEGAL ISSUES CONCERNING JUDICIAL CONTROL OF THE LEGALITY OF NORMATIVE ADMINISTRATIVE ACTS IN THE REPUBLIC OF MACEDONIA

Blerton SINANI

JUDICIAL INDEPENDENCE AND THE RULE OF LAW

Elena CONSTATIN

THE SCOPE OF APPLICATION OF FUNDAMENTAL RIGHTS GUARANTEED BY EUROPEAN UNION LAW ON MEMBER STATES' ACTION. SOME JURISPRUDENTIAL LANDMARKS

Constanţa MĂTUŞESCU

MULTIANNUAL DYNAMIC INDICATORS FOR HUMAN RESOURCES MANAGEMENT PLANNING IN JUDICIAL SYSTEM

Teodor Victor ALISTAR

ADMINISTRATIVE JUSTICE AS A TOOL OF HUMAN RIGHTS PROTECTION

Maria ORLOV

Mariana IANACHEVICI

HUMAN DIGNITY IN THE CRIMINAL PROCESS

Ramona CIOBANU

OPTIONS FOR INDEPENDENCE OF PROSECUTORS IN EXERCISE OF JUDICIAL FUNCTIONS, CURRENT SITUATION AND REMEDIES

Cristian Vasile BITEA

Teodor Victor ALISTAR

NEW YORK DECLARATION FOR REFUGEES AND MIGRANTS. A NEW WORLD PACT TO A SAFE, ORDERLY AND REGULATED MIGRATION – A MORAL AND HUMANITARIAN CHALLENGE

Claudia Elena MARINICĂ

HUMAN DIGNITY IN ROMANIAN LAW

Elena-Mihaela FODOR

THE EVOLUTION OF MULTIPLE DISCRIMINATION TODAY

Roxana MOISOIU

THE RIGHT TO HAPPINESS AT WORK: THE PERSPECTIVE OF THE ROMANIAN LEGISLATION

Radu Razvan POPESCU

RELIGIOUS FREEDOM: PROMOTING PEACE AND HUMAN DIGNITY THROUGH RELIGION

Remus MARIAN

TOWARDS A GLOBAL PACT FOR THE ENVIRONMENT

Irina MOROIANU ZLATESCU

IMMIGRANTS IN SEARCH OF DEMOCRACY AND HUMAN RIGHTS

Lucia-Stefania AVRAM

THE DEVELOPMENT OF THE COMMON EUROPEAN ASYLUM SYSTEM FROM MINIMAL TO COMMON STANDARDS

Petru Emanuel ZLATESCU

MIGRATION. A CHALLENGE TO INTERNATIONAL STABILITY AND RESPECT FOR HUMAN RIGHTS

Claudia Elena MARINICĂ

INTERNATIONAL PROTECTION IN THE EUROPEAN UNION

Alexandra BUCUR

NEW TENDENCIES IN PUBLIC ADMINISTRATION DEVELOPMENT

Ioana Cristina VIda

THE PURPOSE OF A EUROPEAN MINISTER OF ECONOMY AND FINANCE AND ITS IMPACT ON ROMANIAN PUBLIC FINANCE LAW

Emil BALAN

Marilena ENE

ASPECTS OF COOPERATION BETWEEN THE PARLIAMENT AND THE GOVERNMENT REGARDING EUROPEAN AFFAIRS

Dragoș-Adrian BANTAȘ

NEW TENDENCIES IN PUBLIC ADMINISTRATION DEVELOPMENT- COMPLEXITY OF PUBLIC ADMINISTRATION IN THE LIABILITY AREA

Ioana-Cristina VORONIUC

THE LEGALITY PRINCIPLE IN THE ACTIVITY OF THE PUBLIC ADMINISTRATION – CROSSING BETWEEN ENVIRONMENTAL PROTECTION AND POLITICAL NEGLIGENCE. A CASE STUDY

Andrea KAJCSA

GENERAL OVERVIEW ON MATERIAL-FUNCTIONAL CONCEPTION OF THE STATE ADMINISTRATION

Blerton SINANI

THE RISE OF THE EUROSCEPTICISM AND THE BAD COMMUNICATION BETWEEN ELECTED AND APPOINTED ELITES AND CITIZENS

Marcela Monica STOICA

MANDATORY CLAUSES IN THE PUBLIC PROCUREMENT CONTRACT

Mihaela V. CARAUSAN

EXTREME WEATHER EVENTS IN URBAN AREAS. A LEGAL VIEW

Maria FODOR

Victor Marcusohn

SHORT COMPARATIVIST APPROACHES REGARDING THE GENESIS AND EVOLUTION OF THE URBANIAM IN POLAND AND FRANCE

Sonia Andreea STOICA

ASPECTS REGARDING THE RELATIONSHIP BETWEEN HUMAN RIGHTS AND THE ENVIRONMENT

Oana Maria HANCIU

FREE COUNSELING OF INDIVIDUALS IN THE FIELD OF TAXATION

Florin-Ionel TRUŞCĂ