General Considerations on the Elements of Civil Liability in the Environmental Law

Ciprian Ungureanu ()
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Ciprian Ungureanu: Lecturer. PhD. "Ștefan cel Mare†University of Suceava

European Journal of Law and Public Administration, 2019, vol. 6, issue 2, 268-277

Abstract: In the field of environmental protection, for the breaches brought to it by committing illegal acts, but also for the produced ecological damages, it was necessary to establish the legal responsibility. Environmental awareness is considered in the doctrine to be one of the most important ways of achieving the co-interest of the protection and development of the environment. The typology of engaging the criminal responsibility regarding the protection of the environment is determined by the nature of the object protected by the law, whose infringement is brought by the crime committed. In this sense, the contribution to the protection of the environment includes forms of penal invoice sanction that sanction within the limit of the equivalent, the possible ecological damage, to institute specific repressive measures, not to be confused with the repression of contraventions and to supplement the civil or administrative provisions of the special regulations, in order to achieve the goals of sustainable development, elements that are aimed at the public interest and which constitute extraordinary emergencies. The reality, however, confirms that this ecological awareness is either only in formation for many people, or is missing, and the negative consequences on the environment are obvious. For these reasons, we call for legislation to fill the lack of this consciousness and to educate people, even coercively. The law establishes the rules of conduct in the field of the environment, but also the sanctions that can intervene in situations where these rules are violated by committing acts harmful to the environment.

Keywords: Environment; environmental protection; environmental damage; ecological criminality; ecological offenses; liability of the natural person; liability of the legal person; sanctioning treatment. (search for similar items in EconPapers)
JEL-codes: H7 K10 K15 K33 (search for similar items in EconPapers)
Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:6:y:2019:i:2:p:268-277

DOI: 10.18662/eljpa/104

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