The Administrative Contract Regulated By The Environmental Law

• Author: Simona-Maya Teodoroiu
• Pages: 128-135

THE ADMINISTRATIVE CONTRACT REGULATED BY THE

ENVIRONMENTAL LAW

Associate professor Simona-Maya TEODOROIU1

Abstract

The study offers an integrated, multidisciplinary research and approach of the adhesion contract/standard

contract, as regulated by the administrative law an d environmental law. It offers both a synthesis of the creation and

evolution of this contract in the administrative law, being then acquired by a more recent bra nch of law – the

environmental law. It analyzes the actual ramifications and utility of the adhesion contract in environmental law, both

on national and European level. In this respect, several legal tools are mentioned (such a s the environmental regulatory

approvals, the compliance programs, the eco-labels, the environmental management and audit). The main goals assumed

by this study en visage, on one hand, to clarify some aspects that are equally important and useful for a contractual

practice regulated by the environmental law. On the other hand, it underlines the necessity to extend these legal tools in

the Romanian legal system, based on European regulations and the practice of other countries where, on a larger scale,

unilateral regulations issued by the State are replaced by contractual tools and no rms.

Keywords: administrative and environmental standard, adhesion contracts, eco-labels, compliance programs,

eco-management, European environmental law.

JEL Classification: K12, K15, K23, K32, Q52

1. Introduction. Main sociological approach of the contract

1.1. From a historical perspective, the contract has been probably the oldest figure defined by

the law and definitely the most popular/used one, starting, for example, with the sale contracts or the

exchange contracts and continuing with the marital consensus, followed by the contracts concluded

by the public power on a national level as well as international treaties or conventions, in order to

regulate the relations between different countries.

From a sociological-juridical perspective, th e well-known essayist J.-J. Rousseau imagines

even the assumption of a project of a contract that could exist in a period of time before the naissance

of the legislative norms, named "state of nature". J.-J. Rousseau thought that during the respective

primary age of the history of humanity, when the free will of individuals plenary appeared, the

consequence was that the conventions between them could not be followed by concrete sanctions.

This is why, in the respective case, a "haunting expedition" agreed by some occasional associates

could not take place finally, because one of them abandoned it without any legal consequences2. The

failure appeared mainly in the absence of juris vinculum, the liaison of law, as a fundamental element

of a contract, from a juridical point of view.

1.2. As a social value, before being an utile juridical institution/norm, the contract represented

a special moment in the mankind' civilization history, as a real cultural act that deeply influenced its

millenary history. “Beyond any doubt, when man, inspired by his needs for a more reasonable way

of existence, became persuaded that he might obtain something from his fellow, not by force, but

offering something as a counterpart, the humanity in itself made a huge progress, being probably the

most important temptation to substitute the violence between human beings with the agreement of

parties3".

In this social fact mentioned by the ancient history of the humanity we may find probably the

first proof of an implicit recognition of someone's rights to be and to have (something) - these two

rights being the most important ones - and, in the same time, we will find the mutual

1 Simona-Maya Teodoroiu - Faculty of Public Administration, National School of P olitical Sciences and Public Administration

(SNSPA); Principal researcher 3rd degree, Legal Research Institute “Andrei Radulescu” of the Romanian Academy, Romania,

maya.teodoroiu@snspa.ro.

2 J.-J.Rousseau, Discurs asupra inegalităţii dintre oameni, Ed. Stiinţifică, Bucharest, 1958, p. 122.

3 S.-M. Teodoroiu, Elemente de drept civil. Noţiuni generale, principii. Persoane şi bunuri. Obligaţii civile şi contracte speciale.

Răspunderea civilă, Ed. C.H. Beck, Bucharest., 2012, p. 192.