Interests of the european council and the european union in the area of environment protection

• Author: Elena Paraschiv
• Position: University, Râmnicu Vâlcea - Romania
• Pages: 146-151

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 3 (2013), pp. 146-151

146

INTERESTS OF THE EUROPEAN COUNCIL AND THE

EUROPEAN UNION IN THE AREA OF ENVIRONMENT

PROTECTION

E. Paraschiv

Elena Paraschiv

Faculty of Law and Public Administration, Râmnicu Vâlcea,

“Spiru Haret” University, Râmnicu Vâlcea, Romania

*Correspondence: Elena Paraschiv, 30 General Magheru St., Râmnicu Vâlcea, Vâlcea,

Romania

E-mail: e.paraschiv.dvl@spiruharet.ro

Abstract

Due to the environment’s importance in the development of life, protecting it has also

become the main concern of regional organizations worldwide, an outstanding contribution

in this sense having been brought by the European Council and the institutions of the

European Union, which, by adopting numerous legal instruments, significantly contributed to

the preservation of nature and protection of the environment , also establishing several

interdictions, behevioural norms and principles that are specific to the domain researched, as

well as sactions applicable to those who affect these values by committing illicit acts.

Key-words: preservation and protection of the environment, legal instruments,

environmental law

Introduction

In the framework of its preoccupations regarding environment protection, the

European Council adopted a convention

1

which aims at uniforming and stimulating legal

regulations of the member states regarding the damage compensation resulted from a

perilous activity and environment restoration. These are qualified as “dangerous” activities

resulting from the use of harmful substances, but also any production or usage of genetically

modified organisms, any use of an microorganism susceptible to present risks for humans or

the environment, as well as any exploitation which deals with or deposits waste

2

.The liability

The operator or the person who exercits control is generally liable for the acts.

The contribution of the European Court of Human Rights’ practice to

environment protection

Even though in the European Convention of human rights and fundamental liberties,

environment protection is not listed among the treated subjects

3

, this issue is revealed by the

1

Convention o n civil responsibility for damage resulting from dangerous activities to the environment, adopted

at Lugano, in the date of 21 June 1993.

2

Managing waste by the member states of the European Union was recently regulated, by the Directive

2008/98/CE of the Europ ean Parliament and the Council, from the 19th of November 2008, regarding waste and

repealing certain Directives.

3

Unlike the E uropean Convention, other regional instruments explicitly consecrate this right. Thus, in art. 24 of

the African Charter on Human and Peoples of 27 June 1981, it is stip ulated that “All peoples have the right to a

satisfactory, global and suitable environment for their development", and the Pr otocol of San Salvador, in

addition to the American Convention on Human Rights, on economic, social and Cultural Rights of 17

November 1988, is the first convention which included the right to a wholesome environment in the corpus of

human rights, saying that "Everyone has the right to live in a salubrious environment and to benefit of essential,

collective equipment” (art. 11 § 1).