PROPOSALS FOR THE AMENDMENT OF THE NEW CIVIL CODE ARISING OUT OF THE FAILURE TO MEET THE REQUIREMENTS OF ENVIRONMENTAL PROTECTION

Abstract

Appeared with the declared intention to ”meet the requirements of a dynamicpresent”, by: “the newly promoted solutions, the revision of some classical institutions oremphasis on certain internationally recognized principles, not implemented in the Romanianspace yet”, the new Civil Code does not seem to integrate the environmental and relatedissues in the dynamics of the present. Moreover, except for some modest norms – such as art.539 par. 2 which includes in the category of movables “the electromagnetic waves or thoseassimilated to them, as well as the energy of any kind” and art. 603 which provides theobligation of the owner to “observe the tasks concerning the protection of the environmentand the action of ensuring good neighbourhood” – nothing entitles us to assert that the newCivil Code “makes valuable use of provisions of European law instruments”. It is known thatthe basic treaties of the European Union – the Treaty on European Union and the Treaty onthe Functioning of the European Union – in numerous articles, establish the sustainabledevelopment of Europe and of the planet, the promotion of solidarity between generations anda high level of protection and enhancement of the quality of the environment as primaryobjectives of the European Union. This is the reason why art. 11 TFEU imposes that“environmental protection requirements must be integrated into the definition andimplementation of the Union policies and activities”.