The fundamental right to a healthy and ecologically balanced environment: romanian particularities of recognition and guarantee

Gheorghe-Iulian Ionita

Abstract
 

In the study hereby, the author emphasizes the Romanian specifics of the recognition and guarantee of the right to a healthy environment. In Romania, before 1990s, there was no discussion of a right to a healthy environment. Romania’s Constitution of 1991 did not specifically provide a fundamental right to a healthy environment, but stipulated duties of the state regarding environmental protection and recovery. In 1995, another framework regulation on environment protection was adopted (Law no. 137) which expressly stipulated (in article 5) that “the State recognizes every person’s right to a healthy environment […]”. However, by corroborating the above-mentioned texts, author draws the conclusion that, in the Romanian legal system, there was only a subjective, and not a fundamental right to a healthy environment. Finally, for the adhesion to the European Union, the Romanian law giver stipulates at article 35 of the current Constitution (revised in 2003), as a fundamental right, “the right to a healthy environment”.

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