The civil code and the environment

• Author: Ileana-Anca Dusca
• Position: Faculty of Law and Administrative Sciences, Department of Public Law, University of Craiova, Romania
• Pages: 24-30

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

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

No. 1 (2013), pp. 24-30

24

THE CIVIL CODE AND THE ENVIRONMENT

I. A. Duc

Ileana-Anca Duc

Faculty of Law and Administrative Sciences,

Department of Public Law, University of Craiova, Romania

*

Correspondence: Ileana-Anca Duc, University of Craiova,

13 A. I. Cuza St., Craiova, Romania

E-mail: ileanaancadusca@yahoo.com

Abstract

Appeared with the declared intention

1

to ”meet the requirements of a dynamic

present”, by: “the newly promoted solutions, the revision of some classical institutions or

emphasis on certain internationally recognized principles, not implemented in the Romanian

space yet”, the new Civil Code does not seem to integrate the environmental and related

issues in the dynamics of the present. Moreover, except for some modest norms – such as art.

539 par. 2 which includes in the category of movables “the electromagnetic waves or those

assimilated to them, as well as the energy of any kind” and art. 603 which provides the

obligation of the owner to observe the tasks concerning the protection of the environment and

the action of ensuring good neighborhood – nothing entitles us to assert that the new Civil

Code “makes valuable use of provisions of European law instruments”.

Keywords: electromagnetic waves, protection of the environment, basic treaties of the

European Union, sustainable development, solidarity between generations.

Introduction

The article is structured into three parts emphasizing some of the deficiencies of the

civil code, either by the failure to regulate some domains which should have been regulated,

or by the criticizable regulatory framework, the arguments in favor of these opinions,

accompanied by lege ferenda proposals. Thus, it is known that the basic treaties of the

European Union – TEU and TFEU – in numerous articles establish the “sustainable

development of Europe and of the Earth”, “a high level of protection and improvement of the

quality of the environment” as the main objectives of the European Union. This is the reason

why art. 11 TFEU imposes that “environmental protection requirements must be integrated

into the definition and implementation of the Union policies and activities”. One can notice

that, except for some modest norms – such as art. 539 par. 2

2

and art. 603

3

– nothing entitles

us to assert that the new Civil Code “makes valuable use of provisions of European law

instruments”.

The Civil Code and the protection of the environment

The first aspect concerns the fact that, as we know, the protection of the environment

is an internal policy of the European Union, within which we are a member state. Therefore,

1

From the presentation of the new Civil Code which has become a normative reality as a consequence of its

adoption by Law no. 287/2009.

2

Which includes in the category of movables “the electromagnetic waves or those assimilated to them, as well as

the energy of any kind”.

3

Which p rovides the obligation of the owner “to obser ve the duties relating to environmental protection and to

ensure good vicinity”.