European perspective on environmental liability for injury

• Author: Mihai Dorel Vlad
• Position: Faculty of Juridical and Administrative Sciences 'Dimitrie Cantemir' Christian University, Bucharest, Romania
• Pages: 190-194

AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

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

No. 1 (2014), pp. 190-194

190

EUROPEAN PERSPECTIVE ON ENVIRONMENTAL

LIABILITY FOR INJURY

M. D. Vlad

Mihai Dorel Vlad

Faculty of Juridical and Administrative Sciences

“Dimitrie Cantemir” Christian University, Bucharest, Romania

*Correspondence: Mihai Dorel Vlad, “Dimitrie Cantemir” Christian University,

176 Splaiul Unirii, 4th District, Bucharest, Romania

E-mail: vladmdorel@yahoo.com

Abstract

As is known, pollution (in all its forms) is most often a latent threat, particularly

serious. It is not, as a rule, a sudden event, but is the result of slow accumulation of negative

effects, which, unchecked and unrepaired timely touch time limits that exceed natural levels of

balance, causing extremely dangerous consequences for the existence and functioning

naturally.

Keywords: pollution, environmental law, directive, pollutant

Introduction

In ecological field is particularly important to ensure in all cases reparation due to

specific and very serious consequences that may generate losses. National inte rest nature of

environmental protection and enhancement and other relevant considerations outlined abo ve

have imposed liability so as to adopt a more secure system that would provide full

compensation, effective and, if possible, the nature of the damage caused to the environment.

Through environmental and collective interests are affected thereby indirectly, for

which repair could not be adequately covered in terms of classical law, which involves

damage to individual interests clearly identified. In 1972 the right to a healthy environment

was enshrined in the Declaration of Stockholm3 in Principle 1: "Man has the fundamental

right to freedom, equality and satisfactory living conditions, in a quality which enables him to

live in dignity and prosperity. He has the sacred duty to protect and improve the environment

for present and future generations”.

European Convention on Human Rights does not have a text itself to guarantee the

right to a healthy environment.

Countries have adopted an Additional Protocol providing the right environment and, as was

the case of other fundamental rights such as the right to property, education, f ree, to not be

tried t wice for the same offense, etc.., although a draft additional protocol was prepared by

Professor Steiger since 1973.

Tried also protecting the right to a healthy environment in the scope of art. 6 European

Convention on Human Rights. Thus, in 1993 because Zender against Sweden, the Court

sanctioned the violation of those saying that a well water pollution as a result of prejudice

landfill ownership and im prejurarea that the applicants had no opportunity to challenge the

decision in court management led to the conviction of Sweden.

In accordance with the "polluter pays" an operator causing envi ronmental damage o r

creating an imminent threat of such damage should bear, in principle, the costs of preventive

or remedial measures. Where a competent authority acts, itself or through a third party,

instead of an operator, that authority should ensure that the costs it has incurred will be

recovered from the operator. Also, operators should bear the ultimate cost of assessing

environmental damage and, if necessary, assessing an imminent threat of such damage.

People affected or likely to be affected by environmental damage should be entitled to request