EIRP Proceedings, Vol 7 (2012)

Abstract

We debated in this article the civil liability for environmental damages as stipulated in our legislation with reference to Community law. The theory of legal liability in environmental law is based on the duty of all citizens to respect and protect the environment. Considering the importance of environment in which we live, the liability for environmental damages is treated by the Constitution as a principle and a fundamental obligation. Many human activities cause environmental damages and, in line with the principle of sustainable development, they should be avoided. However, when this is not possible, they must be regulated (by criminal or administrative law) in order to limit their adverse effects and, according to the polluter pays principle, to internalize in advance their externalities (through taxes, insurances or other forms of financial security products). Communication aims to analyze these issues and legal regulations dealing with the issue of liability for environmental damage.