Autor: Remus JURJ

Publicat în: Revista Pro Lege nr. 1/2021

Disponibil online: aici

Cuvinte-cheie: poluare, protecția mediului, poluatorul plătește, sancțiuni penale.

On the application of the “polluter paysˮ principle. Is it necessary to reintroduce the criminal sanction for compliance by polluters

Abstract: Media reveals acts of pollution every day, but little news is about the firm intervention of administrative authorities and very little about the intervention of the judiciary, so the effects on prevention and public awareness are minimal. The author describes the legislative evolution of the “polluter pays” principle and the period in which non-compliance with this principle was criminally sanctioned if the consequences concerned the injury to bodily integrity, health or loss of life. The conclusion is supported by a case study in which it was argued that a substantial criminal fine is not only proportionate and fair, but will also draw the attention of management and shareholders to the need to protect the environment, thus resulting in a significant impact on the company as a whole.

Keywords: pollution, environmental protection, polluter pays, criminal sanction.