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CNAA / Theses / 2015 / July /

Legal mechanisms for ensuring the fundamental human right to a healthy environment


Author: Crasnobaev Adrian
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2015
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Institution:

Status

The thesis was presented on the 14 July, 2015
Approved by NCAA on the 7 October, 2015

Abstract

Adobe PDF document – 0.32 Mb / in romanian

Thesis

CZU 342.7(043.3)

Adobe PDF document 1.79 Mb / in romanian
185 pages

Keywords

environment, environmental protection, the right to a healthy environment, juridical nature, multifunctional content, general collateral guarantee, special legal guarantee

Summary

Structure: PhD thesis comprises: introduction, three chapters, conclusions and recommendations, bibliography of 309 titles, 148 basic text pages. Scientific results obtained are reflected in the content of 14 scientific articles.

Field of study: Constitutional Law.

The purpose of the thesis. The purpose of the thesis consists in the realization of a complex study on the right to a healthy environment related to the content and the legal nature of this right, as well as of the effective guarantees ensuring the protection and realization of this fundamental right.

The objectives of the thesis. The thesis has the following objectives: the analysis and generalization of the published studies on the subject; the determination of the level of scientific study, in general and of its most important aspects, in particular; the research of the phenomenon of recognition of the fundamental human right to a healthy environment on a international, regional and national level; the study of the concepts related to the juridical nature of the right to a healthy environment reported to other fundamental rights of the same generation; the establishment of the multifunctional content of the right to a healthy environment; the investigation of the impact of the right to a healthy environment on other fundamental rights, judging by the limitation of their exercise; the analysis of the guarantees of enduring the realization and protection of the right to a healthy environment; the investigation of the cases of the practical application of the juridical guarantees in order of elucidating their efficiency as constitutional mechanisms ensuring the fundamental human right to a healthy environment; as well as offering recommendations for enhancing the process of protection of the constitutional right to a healthy environment.

The scientific novelty and originality. Some research were established in the Republic of Moldova on the topic of the name, content and guarantees of the right to a healthy environment, thus the thesis ensures a continuity to this research.

The scientific innovation of this research stems from the fact that this is a complex and multidimensional investigation, meant to clarify the applicability of the protection of fundamental human right to a healthy environment.

The scientific novelty of the thesis consists in a complex and multispectral character of the research that defines the legal nature and content of the right to a healthy environment, methods of it recognition and protection in the Republic of Moldova.

The important scientific problem solved consists in determination of the legal nature and multispectral content of the fundamental human to a healthy environment, having as a result - the definition of its role and place within the framework of human rights and fundamental freedoms of human and citizen - the base, which revealed the value of the effectiveness of constitutional guarantees of origin of the analyzed law.

Theoretical and applied value of the thesis. The study is of a scientific-theoretical nature, reporting on an implicit form, the results obtained in research, under a theoretical and practical aspect, that will help to amplify and deepen the knowledge of the legal mechanism ensuring the fundamental human right to a healthy environment in the Republic of Moldova.

Implementation of scientific results: The problems and solutions presented in this thesis, stand as a source of inspiration and ideas for further analysis that need to be investigated continuously, along with the evolution of society and scientific-technical revolutions, in harmony with the environment protection, harmless to human health, while the recommendations of the type of the lege ferenda remain a scientific support for further creative legislative activity.