CONSIDERAȚII ÎN LEGÃTURÃ CU DELIMITAREA ȘI CORELAREA SISTEMELOR (REGIMURILOR) JURIDICE DE PREVENIRE ȘI REPARARE A DAUNELOR ECOLOGICE ÎN DREPTUL ROMÂN

Compensation for damage related to the environment (environmental damage, lato sensu) – harm to the (ecologically “pure”) environment and damage to persons or property caused by pollutants, harmful actions and disasters – is achieved in Romanian law through several legal regimes: tort liability, under the Civil Code (liability for the deeds of its own, deeds based on guilt, fault liability, the deed of things, liability for abnormal neighborhood disturbances), environmental responsibility (covered by Directive no. 2004/35 / EC, transposed into the national law by the Government Emergency Ordinance no. 68/2007), the objective liability of legal origin and liability for damage caused by defective products. The main criterion is in this regard the term “environmental harm” and the concept of environmental damage (lato sensu). The construction of the liability and compensation for damage related to the environment (environmental damage) system involves delimiting the action field of each type of “liability”, “repair”, establishing the specific rules applicable and capturing the relevant structural interdependencies.