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The right to a healthy environment. Mooting Competition 2013 Fiat Justitia
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ISBN: 978-606-591-826-9
DOI: 10.5682/9786065918269
Publisher year: 2013
Edition: I
Pages: 206
Publisher: Editura Universitara
Author: Nicolae Ploesteanu, Raul Miron, Luminita Gabura
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Considering the success registered by this year's edition of the national competition of Fiat Justitia pleadings, aspired by the organizers and finally affirmed and confirmed by the participants, as a result of the proposal of Mr. prof. Univ. Dr. Mihai Sandru, to whom I owe all the credit for the idea of writing this paper, I have the great pleasure and pride of placing a piece in what I really hope will be a successful future of this contest.
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The right to a healthy environment. Mooting Competition 2013 Fiat Justitia
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Student, Faculty of Economics, Law and Administration, University "Petru Maior" University of Targu Mures
Raul Miron
Nicolae Ploesteanu
Instead of the Word before / 13
Brief history of the ius iuventutis circle / 15
General presentation of the contest / 17
Participating teams / 19
Competition regulations / 22
Debated cause / 33
Clarifications to the case / 40
WRITTEN STAGE / 51
Memory of the "Ladies of Justice" team as representatives of the victim / 51
TABLE OF CONTENTS / 52
LIST OF ABBREVIATIONS / 55
BIBLIOGRAPHY / 57
International Documents / 57
Jurisprudence / 57
Doctrine / 60
Virtual sources / 61
STATE OF FACT / 63
JURISDICTION / 68
The European Court of Human Rights has jurisdiction to rule in Dimitrius and Others v. Iham to the interpretation and application of the C.E.D.O. and its Protocols. / 68
The Court has jurisdiction ratione loci / 68
The Court has jurisdiction ratione temporis / 70
The plaintiffs are victims of violations within the meaning of art. 34 of the Co.E.D.O. / 70
The Court has jurisdiction ratione materiae / 72
Fulfillment of admissibility conditions / 72
LEGAL ARGUMENTS / 78
Violation of art. 2 on the right to life / 78
Violation of art. 8 on the right to private and family life / 85
Violation of art. 6 regarding the right to a fair trial corroborated with art. 13 on the right to an effective remedy / 89
Violation of art. 1 of Protocol no. 1 additional to the Convention for the Protection of Human Rights and Fundamental Freedoms / 100
EXPLANATORY STATEMENT / 106
MEMORY OF THE TEAM „VENI, VIDI, VICI” AS GOVERNMENT REPRESENTATIVES / 109
TABLE OF CONTENTS / 111
LIST OF ABBREVIATIONS / 113
BIBLIOGRAPHY / 114
1. International documents / 114
2. List of cases / 114
2.1 List of cases from the C.E.D.O. / 114
2.2 List of cases from other courts or entities / 119
3. Doctrine / 119
STATE OF FACT / 121
JURISDICTION / 125
LEGAL ARGUMENTS 131
The alleged violation of art.6 paragraphs 1,2 and paragraph 3 let. A, B and art. 13 regarding the right to a fair trial in the conduct of judicial proceedings and the right to an effective appeal in the trials of Dimitrius, Dahij and their parents in the state of Iham. / 131
The alleged violation of art. 2, regarding the right to life / 141
The alleged violation of art. 8, regarding the right to respect for private and family life / 145
The alleged violation of art. 1, Additional Protocol 1 to the Co.E.D.O. / 156
EXPLANATORY STATEMENT / 164
ORAL STAGE / 165
The pleas of the "Ladies of Justice" team as representatives of the victims / 165
The plea of Miss Iulia David / 165
The plea of Miss Ioana Precup / 170
The plea of Miss Diana Chibulcutean / 175
The pleas of the "Veni, Vidi, Vici" team as representatives of the Government / 182
The plea of Mr. Dumitru Cazac / 182
The plea of Miss Augustina Moldovan / 191
Contest results / 203
Messages from participants / 204
These words aim to prefigure, outline and complete those contained in this volume.
Considering the success registered by this year's edition of the national competition of Fiat Justitia pleadings, aspired by the organizers and finally affirmed and confirmed by the participants, as a result of the proposal of Mr. prof. Univ. Dr. Mihai Sandru, to whom we owe all the credit for the idea of writing this paper, I have the great pleasure and pride of placing a piece in what I really hope will be a successful future of this contest.
This approach is unequivocally a far-reaching mutation in the realization of the ambitions of the "Ius Iuventutis" circle to improve the quality of its activity by capitalizing on the feedback received year after year, following the organization of the contest. The paper is intended to be, on the one hand, a concrete proof of the level of exceptional training that the competitors have reached, and on the other hand, a scientific, instructive, coherent and practical support for future aspirants to the title of champions of Fiat Justice contest. In this sense, we selected for exemplary purposes and exposed in the content of the volume, the fruit of the efforts of two teams that occupied top positions in this year's edition of the competition.
I also want to direct my thoughts to all those who have dedicated themselves in the last months to the realization of this project and whose passion we managed to produce a "golden edition" of this contest. Applause and respect to the competitors, gratitude for the wisdom of the jury specialists, thanks to the sponsors and congratulations to the organizing team.
Last but not least, like the author of the case, we want this volume to remain a testimony, even if a minor one, of the struggle to generate in the collective consciousness a wider reception of the environmental problems.
Raul Miron
President of the Student Circle "Ius Iuventutis"
ARDAE - Romanian Association of Law and European Affairs - was a partner in the plea contest and supported the publication of the volume.
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