The Property Right and the Requirements
of Environmental Protection1
Abstract: The environmental protection has lately become an essential component of the concept of
sustainable development, along with the economic, social and cultural components. Being an
objective of public in terest, the environmental protection and conservation are essential to ensure the
habitat necessary for continuing the human existence. Considering this aspect, the limitation of
ownership required by certain laws has both a social and moral justification, the environmental
protection having a direct li nk with the level of public health, which is a value of national interest.
The legal limits of the ownership are restrictions brought by the law, considering aspects regarding
the general interest of society. In this article we intend to emphasize, on the analysis and comparison
of legislation and case law, the nature of the relationship between ownership of property and
environmental rights, as well as the limitations of property rights in favor of environmental
protection. As a conclusion, the environmental ease ments meet a wide national and international
recognition and guarantee, the holder of the property having to exercise it in the interest of the whole
community, including the protection and conservation of the environment. At th e same time, we must
consider that the right to property and environment are fundamental rights guaranteed by the
Romanian Constitution itself, which makes us conclude that they converge and mutually enrich
across the fundamental duties as well.
Keywords: right to property; right to environmental protection; limitations; sustainable development
The constitutional consecration of the right to a healthy environment has prompted
the rethinking of the relationship between this right and the ownership of property,
The article was presented at The 6th International Conference „Exploration, education and progress
in the third millennium” organized by „Dunărea de Jos” University of Galati and was not published.
Professor, Ph D, Dean of Faculty o f Law, “Danubius” University of Galati, Romania. Address: 3
Galati Boulevard, 800654 Galati, Romania. Tel.: +40.372.361.102, fax: +40.372.361.290.
Corresponding author: email@example.com
AUDJ, vol. 10, no. 3/2014, pp. 5-10