Facultatea de Drept / Faculty of Law

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    MECANISMELE LEGALE DE PROTECȚIE A DREPTURILOR OMULUI LA UN MEDIU SĂNĂTOS
    (CEP USM, 2021-12-08) Punga, Irina; Iordanov, Iordanca-Rodica
    The protection of the human right to a healthy environment cannot be achieved in the absence of legal and effective mechanisms in place, that would regulate it. Mechanisms responsible for the protection of the right to a healthy environment/environmental mat- ters do not only guarantee the assurance and possibility of exercising such rights, but also constitute an important procedural right on its own. Environmental issues will largely trigger the proper functioning of the mechanisms set to protect the human rights to a healthy environment, which will alternatively completely eliminate the problem of access to justice in environmental matters. The article includes a study dedicated to the identifi- cation and assessment of the particularities of the legal mechanism for the protection of ecological rights and interests, including the national, international legislation and the practice of ECHR.
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    OPORTUNITĂȚI ȘI AVANTAJE ALE DIVERSIFICĂRII MECANISMELOR JURIDICE DE EVALUARE DE MEDIU PENTRU ASIGURAREA DREPTULUI LA UN MEDIU SĂNĂTOS
    (CEP USM, 2023) Punga, Irina; Iordanov, Iordanca-Rodica
    As countries continue to urbanise, populations grow and economies develop, pressures on the environment increase, threatening environmental sustainability. In order to address the environmental challenges posed by various economic and political phenomena and to ensure the protection of the human right to a healthy environment, environmental assessment mechanisms have been established. Environmental assessment is seen as an integrative process in which social, economic and biophysical systems are harmoniously combined in environmental decision-making. In order to assess the opportunities and benefits of diversifying environmental assessment mechanisms to ensure the right to a healthy environment, it is necessary to understand their historical development. Therefore, the article includes a study dedicated to the analysis of the concept of environmental assessment and provides a history of the development and use of different forms of environmental assessment and their advantages in ensuring the right to a healthy environment.