The Principle Polluter– Pays and the Civil Liability Related to the Environment

Abstract

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

Keywords

• polluter
• responsibility
• environment.