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Environment protection. Application of European directives by Romanian courts, Volume II - Dragos Calin, Roxana-Maria Calin
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ISBN: 978-606-28-1483-0
DOI: 10.5682/9786062814830
Publisher year: 2022
Edition: I
Pages: 376
Publisher: Editura Universitara
Author: Dragos Calin, Roxana-Maria Calin
Product Code:
9786062814830
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Among the specific obstacles for the implementation of green infrastructures are the limited understanding of how natural ecosystems work, which translates into the limited ability to design green infrastructure projects, the lack of numbers and examples regarding both the socioeconomic benefits and the of the environment to convince the decision-makers regarding the opportunities of investments in ecological infrastructures, the lack of a prior planning mentality and the incorrect use of integrated territorial development processes.
The present volume helps the reader, introduces him to terminology, thematics, possible solutions.
Authors
The present volume helps the reader, introduces him to terminology, thematics, possible solutions.
Authors
-
Environment protection. Application of European directives by Romanian courts, Volume II
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DRAGOS CALIN, judge, Bucharest Court of Appeal
ROXANA MARIA CALIN, judge, Bucharest Court
ROXANA MARIA CALIN, judge, Bucharest Court
VII. Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe / 9
1. The problem of the degree of loading of road traffic is related to the appropriateness of the adoption of urban planning regulations, which cannot be analyzed by the administrative litigation court, and the solution of this problem falls to the public administration authorities (Bucharest Court - Section II administrative and fiscal litigation , civil sentence no. 3696 of August 25, 2020, ECLI:RO:TBBUC:2020:007.003696, final) / 9
VIII. Directive 2011/92/EU of the European Parliament and of the Council of December 13, 2011 regarding the assessment of the effects of certain public and private projects on the environment / 99
1. The conditioning of the access to justice of a civil professional society of lawyers on the justification of an own interest or the circumstance that, by promoting the action, the protection of a legal situation is sought in direct connection with the purpose pursued when establishing the respective form of organization, in this case, of a civil professional association of lawyers (Court of Appeal Tg. Mures - Section II civil, administrative and fiscal litigation, Conclusion of February 16, 2022; case C‑252/22) / 99
2. Transparency of the procedure for issuing the environmental agreement. Environmental impact assessment reports, population health impact reports, the solutions presented by the operator in relation to the public's observations and appeals (Bucharest Court - Second Administrative and Fiscal Section, civil sentence no. 3499 of May 24, 2021, ECLI:RO:TBBUC:2021:007.003499) / 125
3. The meaning of the notion of "deforestation for the purpose of changing the destination of the land" is that of deforestation with a view to reconversion of the soil, meaning that excludes the proposed hypothesis of changing the use category for agriculture, forestry or aquaculture (Bucharest Court of Appeal - Section VIII administrative litigation and fiscal, civil decision no. 818 of October 17, 2019, ECLI:RO:CABUC:2019:186.000818, final) / 146
IX. Directive no. 2009/147/EC of the European Parliament and of the Council of November 30, 2009 on the conservation of wild birds / 177
1. Approval of harvest quotas for species that have decreasing population trends, even if they have a favorable status, or the hunting of species for which the European Environment Agency has not yet calculated the long-term and short-term population trends (Brasov Court of Appeal - Administrative Litigation Section and fiscal, civil sentence no. 116 of October 29, 2021, ECLI:RO:CABRV:2021:004.000116, final) / 177
2. Establishing the harvest quotas for the skylark, European thrush, black-headed duck and mallard duck based on the calculation of the average harvest quotas approved in the previous hunting seasons, without any justification regarding the impact of the capture on the live specimens of the respective species (Brasov Court of Appeal - Administrative and Fiscal Litigation Section, civil sentence no. 37 of June 25, 2020, ECLI:RO:CABRV:2020: 004.000037, final) / 210
3. The "Birds" Directive requires, in order to ensure the protection, management and sustainable use of the populations of bird species whose natural distribution area includes the territory of Romania, the carrying out of studies and research (Court of Appeal Tg. Mures - Second Civil Section , of administrative and fiscal litigation, civil sentence no. 113 of November 26, 2021, ECLI:RO:CATGM:2021:006.000113) / 230
4. Establishing harvest quotas. The real possibility of confusing the species of summer goose and the great white-tailed godwit with species of birds on the verge of extinction (the little white-tailed godwit) (Court of Appeal Tg. Mures - Second civil, administrative and fiscal section, civil sentence no. 54 of August 31, 2021, ECLI:RO:CATGM:2021:006.000054, final) / 248
5. The Romanian legislator established the need to carry out evaluation studies to ensure the principle of sustainable use of the hunting resource, so that the establishment of harvest quotas for the species allowed for hunting cannot be carried out without them (Court of Appeal Brasov - Administrative and Fiscal Litigation Section, civil sentence no. 111 of December 18, 2020, ECLI:RO:CABRV:2020:004.000111) / 258
6. Determination of harvest quotas by species and hunting funds. The existence of a scientific and factual basis resulting from the evaluation and thorough research of the impact of establishing these quotas on biodiversity and the sustainable use of the populations of bird species whose natural distribution area includes the territory of Romania (High Court of Cassation and Justice - Administrative and Fiscal Litigation Section , decision no. 648 of February 4, 2021, ECLI:RO:ICCJ:2021:002.000648, final) / 294
7. Establishing the hunting quotas as an average of the quotas achieved in the previous years, independent of the information on the flocks of birds. The lack of a calculation method applied to a scientific and factual basis resulting from the evaluation and thorough research of the impact of establishing these quotas on biodiversity and the sustainable use of bird species populations (Brasov Court of Appeal - Administrative and Fiscal Litigation Section, civil sentence no. 29 from February 23, 2022, ECLI:RO:CABRV: 2022:004.000029) / 303
8. Approval of the harvest quotas for some species of fauna of hunting interest, for which hunting is allowed without having as a basis a methodology for evaluating the hunting quotas for the summer goose and great wagtail bird species (High Court of Cassation and Justice - Administrative and Fiscal Litigation Section, decision No. 4126 of September 23, 2021, ECLI:RO:ICCJ:2021:002.004126, final) / 356
List of abbreviations and acronyms used / 373
1. The problem of the degree of loading of road traffic is related to the appropriateness of the adoption of urban planning regulations, which cannot be analyzed by the administrative litigation court, and the solution of this problem falls to the public administration authorities (Bucharest Court - Section II administrative and fiscal litigation , civil sentence no. 3696 of August 25, 2020, ECLI:RO:TBBUC:2020:007.003696, final) / 9
VIII. Directive 2011/92/EU of the European Parliament and of the Council of December 13, 2011 regarding the assessment of the effects of certain public and private projects on the environment / 99
1. The conditioning of the access to justice of a civil professional society of lawyers on the justification of an own interest or the circumstance that, by promoting the action, the protection of a legal situation is sought in direct connection with the purpose pursued when establishing the respective form of organization, in this case, of a civil professional association of lawyers (Court of Appeal Tg. Mures - Section II civil, administrative and fiscal litigation, Conclusion of February 16, 2022; case C‑252/22) / 99
2. Transparency of the procedure for issuing the environmental agreement. Environmental impact assessment reports, population health impact reports, the solutions presented by the operator in relation to the public's observations and appeals (Bucharest Court - Second Administrative and Fiscal Section, civil sentence no. 3499 of May 24, 2021, ECLI:RO:TBBUC:2021:007.003499) / 125
3. The meaning of the notion of "deforestation for the purpose of changing the destination of the land" is that of deforestation with a view to reconversion of the soil, meaning that excludes the proposed hypothesis of changing the use category for agriculture, forestry or aquaculture (Bucharest Court of Appeal - Section VIII administrative litigation and fiscal, civil decision no. 818 of October 17, 2019, ECLI:RO:CABUC:2019:186.000818, final) / 146
IX. Directive no. 2009/147/EC of the European Parliament and of the Council of November 30, 2009 on the conservation of wild birds / 177
1. Approval of harvest quotas for species that have decreasing population trends, even if they have a favorable status, or the hunting of species for which the European Environment Agency has not yet calculated the long-term and short-term population trends (Brasov Court of Appeal - Administrative Litigation Section and fiscal, civil sentence no. 116 of October 29, 2021, ECLI:RO:CABRV:2021:004.000116, final) / 177
2. Establishing the harvest quotas for the skylark, European thrush, black-headed duck and mallard duck based on the calculation of the average harvest quotas approved in the previous hunting seasons, without any justification regarding the impact of the capture on the live specimens of the respective species (Brasov Court of Appeal - Administrative and Fiscal Litigation Section, civil sentence no. 37 of June 25, 2020, ECLI:RO:CABRV:2020: 004.000037, final) / 210
3. The "Birds" Directive requires, in order to ensure the protection, management and sustainable use of the populations of bird species whose natural distribution area includes the territory of Romania, the carrying out of studies and research (Court of Appeal Tg. Mures - Second Civil Section , of administrative and fiscal litigation, civil sentence no. 113 of November 26, 2021, ECLI:RO:CATGM:2021:006.000113) / 230
4. Establishing harvest quotas. The real possibility of confusing the species of summer goose and the great white-tailed godwit with species of birds on the verge of extinction (the little white-tailed godwit) (Court of Appeal Tg. Mures - Second civil, administrative and fiscal section, civil sentence no. 54 of August 31, 2021, ECLI:RO:CATGM:2021:006.000054, final) / 248
5. The Romanian legislator established the need to carry out evaluation studies to ensure the principle of sustainable use of the hunting resource, so that the establishment of harvest quotas for the species allowed for hunting cannot be carried out without them (Court of Appeal Brasov - Administrative and Fiscal Litigation Section, civil sentence no. 111 of December 18, 2020, ECLI:RO:CABRV:2020:004.000111) / 258
6. Determination of harvest quotas by species and hunting funds. The existence of a scientific and factual basis resulting from the evaluation and thorough research of the impact of establishing these quotas on biodiversity and the sustainable use of the populations of bird species whose natural distribution area includes the territory of Romania (High Court of Cassation and Justice - Administrative and Fiscal Litigation Section , decision no. 648 of February 4, 2021, ECLI:RO:ICCJ:2021:002.000648, final) / 294
7. Establishing the hunting quotas as an average of the quotas achieved in the previous years, independent of the information on the flocks of birds. The lack of a calculation method applied to a scientific and factual basis resulting from the evaluation and thorough research of the impact of establishing these quotas on biodiversity and the sustainable use of bird species populations (Brasov Court of Appeal - Administrative and Fiscal Litigation Section, civil sentence no. 29 from February 23, 2022, ECLI:RO:CABRV: 2022:004.000029) / 303
8. Approval of the harvest quotas for some species of fauna of hunting interest, for which hunting is allowed without having as a basis a methodology for evaluating the hunting quotas for the summer goose and great wagtail bird species (High Court of Cassation and Justice - Administrative and Fiscal Litigation Section, decision No. 4126 of September 23, 2021, ECLI:RO:ICCJ:2021:002.004126, final) / 356
List of abbreviations and acronyms used / 373
These volumes make a selection of dozens of court decisions pronounced in recent years in Romania that apply the directives of the European Union issued in the field of environmental protection.
The work is extremely useful both for environmental associations and for the citizens involved, as well as for judges, prosecutors or lawyers, the subject matter cannot be neglected in law schools or in public debates.
Moreover, public participation in the administrative decision-making process is an important element to guarantee that the authority makes a decision on the best possible basis. Citizens can protect the environment in a more effective way if they have the opportunity to rely on the three "pillars" of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention) .
If the massive infrastructure investments (highways, racetracks, railways, water and sewage networks, waste management facilities, etc.) needed in the near future are not properly planned, integrated and evaluated, habitat connectivity will be threatened.
Among the specific obstacles for the implementation of green infrastructures are the limited understanding of how natural ecosystems work, which translates into the limited ability to design green infrastructure projects, the lack of numbers and examples regarding both the socioeconomic benefits and the of the environment to convince the decision-makers regarding the opportunities of investments in ecological infrastructures, the lack of a prior planning mentality and the incorrect use of integrated territorial development processes.
These volumes help the reader, introduce him to terminology, thematics, possible solutions.
The interventions on the decisions were reduced and consisted of the tacit correction of some minor errors, the standardization of some references as much as possible and the correction of some less successful forms, and the footnotes are intended to provide some clarifications. I have replaced where possible the references made to codes with abbreviations included in the list listed at the end of the volume: C.civ., C.fisc., C.pen., C.pr.civ., C.pr.fisc., C.pr.pen..
The initiative is supported by the Romanian Association of Law and European Affairs (ARDAE), the European Law Studies Center (CSDE) of the Legal Research Institute of the Romanian Academy and the Forum of Judges from Romania (FJR) Association.
Dragos CALIN
Roxana Maria CALIN
The work is extremely useful both for environmental associations and for the citizens involved, as well as for judges, prosecutors or lawyers, the subject matter cannot be neglected in law schools or in public debates.
Moreover, public participation in the administrative decision-making process is an important element to guarantee that the authority makes a decision on the best possible basis. Citizens can protect the environment in a more effective way if they have the opportunity to rely on the three "pillars" of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention) .
If the massive infrastructure investments (highways, racetracks, railways, water and sewage networks, waste management facilities, etc.) needed in the near future are not properly planned, integrated and evaluated, habitat connectivity will be threatened.
Among the specific obstacles for the implementation of green infrastructures are the limited understanding of how natural ecosystems work, which translates into the limited ability to design green infrastructure projects, the lack of numbers and examples regarding both the socioeconomic benefits and the of the environment to convince the decision-makers regarding the opportunities of investments in ecological infrastructures, the lack of a prior planning mentality and the incorrect use of integrated territorial development processes.
These volumes help the reader, introduce him to terminology, thematics, possible solutions.
The interventions on the decisions were reduced and consisted of the tacit correction of some minor errors, the standardization of some references as much as possible and the correction of some less successful forms, and the footnotes are intended to provide some clarifications. I have replaced where possible the references made to codes with abbreviations included in the list listed at the end of the volume: C.civ., C.fisc., C.pen., C.pr.civ., C.pr.fisc., C.pr.pen..
The initiative is supported by the Romanian Association of Law and European Affairs (ARDAE), the European Law Studies Center (CSDE) of the Legal Research Institute of the Romanian Academy and the Forum of Judges from Romania (FJR) Association.
Dragos CALIN
Roxana Maria CALIN
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