The insertion of the precautionary principle in the environment pretection... 91
Directives 75/442, 76/464, 84/360 and 85/337. Court held unequivocally that, as
shown in the art. 2 alin. 2. (1), the primary objective of the Directive is that before
consent is given, projects likely to have significant effects on the environment by
virtue, inter alia, by their nature, size or location would be subject to an assessment
of their effects .
Community law of the court, it not possible that the contradiction is not
compatible with the tacit approval of the five requirements of Community
environmental directives, since they provide or, in respect of Directives 75/442,
76/464, 80/68 and 84 / 360, prior approval mechanisms, or in respect of Directive
85/337, assessment procedures prior to granting a permit. The national authorities
have, therefore, according to all these directives, the obligation to consider requests
case by case approval addressed to them .
In line with legal armor (the letter and spirit) of Community law and ECJ case
law findings, the national laws of Member States of the European Union supports
the exemption rule of environmental regulations or administrative provisions of
the tacit approval.
The principle of public participation, widely accepted (as both a procedural
right to a healthy and ecologically balanced environment, recognized the
constitutional and legislative) is made by the public inquiry procedure such as
forms, consultation (discussion) that exclude the public and local referendum to
express a decision simply by passing a silent period and competent administration.
Evoke the fact that this is true in other branches of law (the right planning), which
permits the material is subject of investigation, public projects subject to special
rules for the scheme or the historical and archaeological monuments are in a or a
natural reserve area to protect the architectural heritage, urban and landscape.
In light of the foregoing is imperative, consistent implementation of the
provisions of Emergency Ordinance no. 27/2003 with legal armor in the field.
Once modified internal legislative act, and would avoid inconsistencies arising in
case law, especially since the Environmental issues, albeit of cardinal importance,
is not known in practice. Institutional actors such apathy note with regard to the
provisions of art. 2 alin. 2 of the Emergency Ordinance. 27/2003 that the
Government may, by decision in a reasoned proposal by the administration of each
authority concerned and other exceptions to the silent approval procedure.
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5. Duu, M., The environment law, Integrated approach, Ed. Economics,
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Law, Fourth edition, Butt erworths, Lexis Nexis, London, 2002;