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 dynamic
present”, by: “the newly promoted solutions, the revision of some classical institutions or
emphasis on certain internationally recognized principles, not implemented in the Romanian
space yet”, the new Civil Code does not seem to integrate the environmental and related
issues 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 those
assimilated to them, as well as the energy of any kind” and art. 603 which provides the
obligation of the owner to “observe the tasks concerning the protection of the environment
and the action of ensuring good neighbourhood” — nothing entitles us to assert that the new
Civil Code “makes valuable use of provisions of European law instruments”. It is known that
the basic treaties of the European Union — the Treaty on European Union and the Treaty on
the Functioning of the European Union — in numerous articles, establish the sustainable
development of Europe and of the planet, the promotion of solidarity between generations and
a high level of protection and enhancement of the quality of the environment as primary
objectives of the European Union. This is the reason why art. 11 TFEU imposes that
“environmental protection requirements must be integrated into the definition and
implementation of the Union policies and activities”.