PENTRU UN NOU, VERITABIL ȘI EFICIENT DREPT REPRESIV (PENAL) AL MEDIULUI

If from a quantitative point of view the repressive (criminal) law of the environment is
increasing, the criminal response as a tool to promote environmental protection is still far from rising
at the level of the urgency and magnitude of the ecological problems to which it is called to answer.
The causes are related to the insufficient conceptual-regulatory adjustment to the particularities of
the field, the concurring strong interests of different nature and the complexity of the theoretical and
practical approach to be undertaken. Bringing the repressive right to the level of the mission and
current priorities implies a radical reform on the general conception and approach, the unitary and
adequate register of incriminations, the particularization of the procedural framework for investigating
cases and for applying sanctions and the professionalization and specialization of the jurisdictions.
Assimilating the meanings of the precautionary principle, building one’s own criminal regime, by
overcoming administrative dependence and consecrating the ecological finality, incriminating the
ecocide, in a word the need for another penalty is the key to overcome the impasse and the way to a
new, genuine and effective repressive environmental law.
In Romania, there is a need for a general rethinking of the relevant normative system through a
unitary regulation to include the essential aspects of an adequate incrimination, customized
procedures and specialized jurisdictions.