THE PRINCIPLE OF “POLLUTER PAYS” IN INSOLVENCY PROCEEDINGS GOVERNED BY LAW 85/2014

Abstract

By means of this article the author, will analyse the incidence of the fundamental principle of environmental law “polluter pays” in the current national legislation and will identify its applicability, especially in what concerns insolvency proceedings. The article is structured in three parts. The first part aims to define and identify the particularities of this principle in both contemporary Romanian law and International law. The second part points out how the company's liability for environmental damage can be attracted in each of the phases of the insolvency proceedings. The third part correlates the provisions of Law No. 85/2014 with the provisions of Government Emergency Ordinance No. 68/2007 on environmental liability by formulating a de lege ferenda proposal designed to increase the efficiency of environmental damage coverage in insolvency proceedings.

Keywords

• insolvency proceedings
• environmental damage
• polluter pays
• environmental liability