PROBLEME JURIDICE ALE IMPACTULUI INTRODUCERII TEHNOLOGIEI 5G ASUPRA SĂNĂTĂȚII ȘI MEDIULUI

Electromagnetic pollution is increasingly becoming a public health and environmental problem
at the same time with the introduction of 5G technology, which involves for solving the intervention of
law and the exercise of public and civic democratic control. The exposure of the people and of the
environment to electromagnetic waves, which has become massive, no longer pertains exclusively to
labour safety, but becomes a challenge for public health. The combined application of the principles
of prevention and precaution requires an adequate regulation of the activities generating
electromagnetic fields, regarding the allocation of frequencies and the authorization of the related
installations, as well as the establishment of the protection measures against proven and possible
negative effects on people (consumers, employees, vulnerable people). The obligation to assess in
advance the impact on health and environment, the democratic control, the transparency of the
decision-making process and the compliance with the requirements of the rule of law are
fundamental landmarks of the relevant legal regime. The intervention of the law implies, first of all, to
ensure the prevalence of the public interest, the protection of the fundamental rights and freedoms of
the individual, coming after the right to life, to health and the freedom of choice and the rejection of
arbitrariness and immunity claimed by the operators.