Perspectives of Law and Public Administration (May 2019)
THE ADMINISTRATIVE CONTRACT REGULATED BY THE ENVIRONMENTAL LAW
Abstract
The study offers an integrated, multidisciplinary research and approach of the adhesion contract/standard contract, as regulated by the administrative law and environmental law. It offers both a synthesis of the creation and evolution of this contract in the administrative law, being then acquired by a more recent branch of law – the environmental law. It analyzes the actual ramifications and utility of the adhesion contract in environmental law, both on national and European level. In this respect, several legal tools are mentioned (such as the environmental regulatory approvals, the compliance programs, the eco-labels, the environmental management and audit). The main goals assumed by this study envisage, on one hand, to clarify some aspects that are equally important and useful for a contractual practice regulated by the environmental law. On the other hand, it underlines the necessity to extend these legal tools in the Romanian legal system, based on European regulations and the practice of other countries where, on a larger scale, unilateral regulations issued by the State are replaced by contractual tools and norms.
