EIRP Proceedings, Vol 4 (2009)

Abstract

The analysis of the liability resulting from the effects on the environment involves also the reference to the principle the polluter - pays. This principle imposes to the operators the cost of the preventive measures and action against the pollution resulting from their activities independently of any culpa. It laid the foundation for a special liability regime instituted at the communitarian level by Directive no. 2004/35/CE regarding the environment liability in order to prevent and repair ecologic damages, transposed into the Romanian law by G.U.O. no. 68/2007 concerning the environment liability with reference to the prevention and repair of the prejudices on the environment. The present study has as object the analysis of the foundations of this special regime and complex of engaging and realizing the operator "liability", as well as the extent to which this liability system represents a corollary of the principle polluter - pays.