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Protection of the fundamental human right to a healthy environment by criminal law means


Author: Maria Magdalena Neagu
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2007
Scientific adviser: Vasile Dobrinoiu
doctor în drept, profesor universitar, Universitatea „Nicolae Titulescu”, Bucureşti, România
Institution:

Status

The thesis was presented on the 15 December, 2006
Approved by NCAA on the 1 March, 2007

Abstract

Adobe PDF document – 0.29 Mb / in romanian

Thesis

CZU 343.4 (341.231.14)

Adobe PDF document 0.94 Mb / in romanian
168 pages

Keywords

environment, ecology, ecological crime, ordering of ecological crimes, classification of ecological crimes, ecological terrorism, preservation of the environment, human rights, illegal hunt, ecological safety, pollution of ground, pollution of an atmosphere, pollution of waters, protection of flora, protection of fauna, a criminal politics

Summary

This doctoral thesis is dedicated to the issues of elaborating and perfecting the legislation and juridical - criminal practice of Romania and the Republic of Moldova in the field of the protection the fundamental human right to a healthy environment by criminal law means.

In the content of the thesis, basic materials regarding the complex of scientific – practical problems in this field are concentrated and discussed. A special attention is paid to the perfecting of the juridical – criminal policy of the Republic of Moldova and Romania in the field of social dangerous actions incrimination, which threaten the social relations on environmental protection, rational use of the natural resources. The main purpose of this research is to elaborate an integrate system, at a global level of standards and norms on environment preservation by criminal law means, aiming to develop a coherent and unitary strategy of an environment criminal policy related to the creation of a unique system of standards in this field.

The paper is a detailed analysis of such problems as: the concept of the environment, ecology, environmental protection, human right to a healthy environment and his place in the fundamental human rights system, the notion of the environmental offence, ecological terrorism. The author emphasizes the problems of the ecological offences systematization that in the end, having drafted a unique classification criteria, to comprise them in the criminal legislation of Romania and Republic of Moldova.

The results of the investigation can be applied in the legislative process, and also can contribute to an efficient study on the criminal law issues in the Law faculties of Romania and Republic of Moldova.