conference proceedin.. - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. II - 2009
Andrada TRUȘCĂ TRANDAFIR 1
HOW TO ACHIEVE THE FUNDAMENTAL RIGHT TO A HEALTHY
ENVIRONMENT AND THE JUDICIAL RESPONSIBILITY THROUGH
THE PRINCIPLE OF THE PUBLIC’S INFORMATION AND
PARTICIPATION IN THE DECISION-MAKING PROCESS*
Abstract
In the domain of the protection of the environment, the general tendency is that
the environment should be protected by laws meant to settle down those activities able to
bring prejudices; there shall be passed more laws to prevent prejudices and less to lay
responsibilities: very often the ecological prejudices are definitive, the degradation is
irreversible and the costs of the reparations –be they partial or total – are very high. The
result is that an ”a posteriori” step in the domain of ”the committed evil” will more often
than not be unclear and its effects will not lead to a complete and efficient reparation.
Introduction
From the linguistic point of view, “responsibility” is the way a
person understands his/ her obligation as reported to society, to the group
of people he/ she is living and working in, and to the seriousness with
which he/ she realizes the importance of adopting a responsible behavior
(Rădulescu, 2006, pg 159).
The idea of a judicial responsibility makes the object of all the
domains of law, suggesting reparation or sanctioning. Practically it is about
a social relationship judicially sanctioned; this relationship is based on the
principle according to which any person has a social relationship with
another person and, consequently, any prejudice that appeared between
them shall be repaired or penalized accordingly (Marinescu, 2008, pg. 635).
We do agree with those authors (Uliescu, 1998, 56) who say that
the ”classic” juridical responsibility is manifested in the civil,
administrative and penal responsibilities (which is certainly stipulated in
the common law applied to all these branches) becomes insufficient and
inadequate in case the laws concerning the norms on the protection of the
environment are infringed or in case prejudices against the environment
are noticed (in case of an ecologic prejudice).
1 Asist. univ. drd. Andrada Trușcă Trandafir, “Dimitrie Cantemir” Christian
University, 176 Splaiul Unirii Rd. sect. 4 Bucharest Romania, Tel. no. 021/330 79 12,
Fax no. 021/330 87 74, E-mail andrada_trandafir@yahoo.com
* Translation from romanian to english made by asist. univ. Smaranda Lozinschi,
“Dimitrie Cantemir” Christian University.
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