The Contribution of the Romanian Constitutional Court to Establish the Relation Between the Right to Property and the Right to a Healthy Environment
Year: 2019
Type: article
Abstract: The present study aims to establish the relation between the right to property and the right to a healthy environment from the perspective of the jurisprudence of the Romanian Constitutional Court. The relation between these two fundamental rights is emphasized by the limitations brought to the attributes of the right to property by the exigencies of the environmental protection. Nowadays, in the context of a more and more polluted environment, property rights are becoming more and more pronounced to circumscribe their attributes of environmental significance. The study starts from the presentation of the environmental limitations of the exercise of the property right established by the constitutional provisions and continues with an analysis of the main decisions of the Constitutional Court pronounced in this matter. Our analysis allows us to conclude that the right to a healthy environment contributes significantly to the strengthening of property rights by reference to the requirements of individual welfare and those of the survival of humans and species.
Authors: Ramona DUMINICĂ, Adriana PÎRVU
Institution: University of Pitesti
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W4317876306