Facultatea de Drept / Faculty of Law
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Item ASIGURAREA DREPTULUI LA UN MEDIU SĂNĂTOS, INCLUSIV LA AER CURAT PRIN REDUCEREA POLUANȚILOR ATMOSFERICI PERICULOȘI PENTRU SĂNĂTATEA UMANĂ(CEP USM, 2024-11-07) Plotnic, Olesea; Zamfir, NataliaOn 28 July 2022, the United Nations (UN) General Assembly voted unanimously to declare the right to a clean, healthy and sustainable environment a universal right for all. Through this historic resolution, the UN General Assembly affirms that every inhabitant of the planet has the right to a healthy environment, including clean air, clean water and a stable climate. This resolution could empower citizens in many countries to use human rights law to challenge environmental inaction and harmful policies. The purpose of this article is to evaluate the alignment of national legislation with EU standards in ensuring the quality of atmospheric air to avoid negative impacts on human health. These measures include: developing the legal framework to achieve air quality levels by establishing national commitments to reduce anthropogenic emissions of sulfur dioxide (SO₂), nitrogen oxides (NOₓ), nonmethane volatile organic compounds (NMVOCs), ammonia (NH₃), and fine particulate matter (PM₂.₅); transposing Directive (EU) 2016/2284 on the reduction of national emissions of certain atmospheric pollutants; developing a national air pollution control program that will include political and legal measures to ensure the reduction of atmospheric pollutant emissions; and developing and reporting emission inventories, national emission forecasts, and informative inventory reports for atmospheric pollutants.Item THE TRANSITION TOWARDS A GREEN AND CIRCULAR ECONOMY IN ORDER TO CREATE OPPORTUNITIES FOR THE SUSTAINABLE DEVELOPMENT OF THE REPUBLIC OF MOLDOVA(Chișinău:DEP, ASEM, 2023-09-22) Zamfir, NataliaThe aim of the article is to set priorities for further, very ambitious for Moldova's legal approximation and implementation of EU Acquis and common actions under the Paris Agreement on climate change (the ‘Paris Agreement’) commitments in Moldova, taking into consideration of "a renewed discussions" of the ongoing debate on the European Green Deal and how far the states could join possible join to the European Green Deal it. In relation to the enhance capacity to reach net-zero targets set up in updated nationally determined contribution (NDC). Moldova seeks to establish of legal framework of regulation of circular economy, which ensures the achievement of the objectives for energy and the long-term greenhouse gas emissions commitments, in particular for the first period, from 2025 to 2030, the RM's 2030 targets for long-term objectives. In order to facilitate energy market integration and cost-efficient climate action policies and measures set up in the integrated national energy and climate plans (NECPs), the Republic of Moldova shall ensure multilevel dialog in cooperation and consultation among the Contracting Parties, and identify opportunities for further regional cooperation in efficient guidance.The article shall serve as a basis for further in-depth deliberations on the establishment and implementation of a governance mechanism that will ensure the planning, monitoring and reporting on the achievement of the 2030 climate and circular targets and long-term objectives and targets in line with the 2015 Paris Agreement, while limiting administrative complexity and give consumers, including households and businesses, secure, sustainable, to foster research and innovation by means of attracting investment, which requires a fundamental transformation toward the green economy.Item HARMONIZATION OF THE NATIONAL LEGISLATION WITH THE EUROPEAN GREEN DEAL(Chișinău, 2021) Zamfir, NataliaThe aim of the article is to sets priorities for further, very ambitious for Moldova legal approximation and implementation of EU acquis and actions in Moldova, taking in consideration of "a renewed discussions" the ongoing debate on the European Green Deal and how far the associated states could join possible join to the European Green Dealit. The article shall serve as a basis for further in-depth deliberations for implementation of EGD acquis in relevant fields.Item CLIMATE CHANGE AS A CHALLENGE ON THE TRANSITION OF THE REPUBLIC OF MOLDOVA(Chișinău, 2021) Zamfir, NataliaA strong transition to net-zero greenhouse gas emissions by the middle of the century is essential for containing the risks of dangerous climate change effects. Limiting global warming to 1.5°-2°C, the central goal of the 2015 Paris Agreement, will require climate policy and legislative packages that drive transformative changes within their harmonization with the EU standards. The study refers on the necessary to elaborate of the legal framework on i) mitigating efforts, including carbon removal, and adaptation policy actions set out in Article 7 of the Paris Agreement; ii) defining the rules to assess progress and measures; iii) inter-institutional coordination; iv) NMRS and National Inventory System and will create the legal framework in enhancing the management of greenhouse gas emissions (inclusive the ETS MRV system); v) information and engaging with the wider public and to create sectoral roadmaps.Item OVERVIEW OF EU STANDARDS ON WATER MANAGEMENT LEGISLATION INCORPORATED IN NATIONAL RIVER BASIN MANAGEMENT PLANS FOR ADAPTATION TO CLIMATE HANGE(Tipografia "Fox Trading",SRL, 2021) Zamfir, NataliaThis article outlines some of the key provisions of EU regulations that are relevant for management of trans boundary water resources in the context of climate change impacts. The main purpose of the state policy in the field of water resources in the context of climate change, protection and restoration of the aquatic environment, ensuring a sufficient supply of good quality water for sustainable, balanced and equitable water use. Many regulations on river basin management have significant gaps or fallings. Among such problems: the decisions are weak without due regard for the interests and needs of other development. In the case, are less likely to aid parties in responding to the effects of climate change on water resources in a cooperative and sustainable manner. Periodical revisions of the national river basin management plans in according to EU standars may prove necessary for adapt to climate change in sustaining the resource, protecting ecosystems, and meeting human needs, while maintaining a fair balance between all the states concerned.Item PROBLEMS IN GUARANTEEING THE RIGHT TO SAFE WATER – THE CASE OF IRRIGATION IN AGRICULTURE USING GROUNDWATER(Eco-TIRAS, 2020-10-08) Zamfir, NataliaThis article aims at providing the approach towards the problem based on realization of fundamental right to save water at the local level for efficient implementation of the Sustainable Development Goals at the national level. In the article we describe a case, how the Government approved the Decision on legalization of irrigation using groundwater, which may negatively impact the access to safe water for future generations. It highlights shortcomings in the process of making sustainable decisions that affect the guarantees of fundamental rights.Item ACTUALITATEA ŞI PERSPECTIVELE PRIVIND PARTICIPAREA PUBLICULUI LA LUAREA DECIZIILOR ÎN MATERIE DE MEDIU(S.C. Elan-Poligraf SRL, 2014-05-23) Zamfir, NataliaEnvironmental issues are best handled with participation of all concerned citizens, at the relevant level. States shall facilitate and encourage public awareness and participation by making information widely available. The Ahus Convention promotes environmental democracy, every person has the right to be informed, to be involved in decision-making and to have access to justice in environmental matters. This creates the much-needed atmosphere of trust in the minds and hearts of the people in relation to the institutions and, on a broader level, their democratic way of operating. By their involvement in environmental discussions, the requirements of transparency and accountability, are likewise met to attain good environmental governance.Item REDUCEREA SUBSTANȚELOR CARE DISTRUG STRATUL DE OZON PENTRU ASIGURAREA DEZVOLTĂRII DURABILE A ȚĂRII(CEP USM, 2024) Zamfir, NataliaThe substantial reduction of production and consumption, on a global level of ozone depleting substances is a remarkable success of the international community. Incontestable, the efforts of the Montreal Protocol have been successful and the ozone layer has begun to recover, albeit slowly. If countries will continue to honor their commitments to the protocol, the ozone layer over Antarctica will recover by the middle of this century. In order to harmonize the national legislation with EU environmental standards, should regulate prevention and reduction of ozone depleting substances and requirements for periodic checks to ascertain possible fugitive emissions of regulated substances are to be regulated in order to recover the ozone layer and protect the environment as a whole. The ozone depleting substances reduction will contribute to maintaining the competitiveness of the economy by attracting foreign investments and will modernize the field through access to alternative technologies and innovations to ensure the sustainable development of the country.Item HOW PBL CAN INCREASE THE EFFICIENCY OF EDUCATIONAL PROCESS AT LAW SCHOOL?(Tipografia Sinectica-Com SRL, 2017) Țurcan, Liliana; Zamfir, Natalia; Vidaicu, MihaelaThis articles aims at providing the approach towards problem based learning at Moldova law schools. Taking into account that current law schools’ curriculum contains several elements of problem based learning, authors of this article provided examples of specific interventions used in teaching several braches of law. In particular, authors described the use of individual research projects for administrative law, a group project for constitutional law and solving a practical issue for environmental law. Authors emphasized the need for problem based approach for other branches of law as well taking into account the specifics of legal studies and the need for including skills based courses in the university curriculum. Moreover, authors came up with a list of recommendations to facilitate introducing of the problem based learning at law schools.Item ROLUL COMBATERII CONTRAVENŢIILOR ÎN DOMENIUL PROTECŢIEI MEDIULUI ÎN ASIGURAREA DEZVOLTĂRII DURABILE A ŢĂRII(Tipografia Artpoligraf, 2018) Țurcan, Liliana; Zamfir, NataliaThis article aims at providing the approach towards developing the contravention liability in the environmental area in the Republic of Moldova. Taking into account the character of national interest in environmental protection in ensuring of sustainable development, adoption of the new Contravention Code included the legal provisions for solving gaps of the previous Code. In particular, authors described new contraventions against the environment, their specific features. The performed investigations allow the authors to argue the need for a comprehensive reform in this domain. Authors emphasized the necessary to elaborate and adopt the amendments in the Contravention Code for series of illegal actions or inactions for environmental damages not currently provided in the light of the transposition of the EU Environmental Directives.