CONSIDERAȚII REFERITOARE LA OPORTUNITATEA, POSIBILITATEA ȘI PARTICULARITÃȚILE JURISDICȚIILOR SPECIALIZATE ÎN MATERIE DE MEDIU

The need of instituting specialized jurisdictions in a given area is generated by the existence of a specification of the branch of law, of its major particularities and the scale of the litigation that this jurisdiction is called to resolute. Starting with the second half of the twentieth century, environmental law has claimed its autonomy as a new branch of law and scientific field, having its own principles, and centered on the fundamental right to sane and ecologically balanced environment. The need to increase the effectiveness and to assert its specificity has determined in a number of states various judicial experiences, identifying the trend of environmental specialization in this field. In Romania, the volume of the environmental litigation doesn’t seem to prioritize the creation of a special jurisdiction, but the complexity of the matters, the limits of the classical jurisdictions in solving them and the imperative of assuring the effectiveness of the environmental legislation demand for triggering a phased process of institutionalization of such specialized jurisdictions.