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- Title
SOIL PROTECTION MEASURES PROVIDED BY LAW NO 246/2020 ON LAND USE, CONSERVATION AND PROTECTION.
- Authors
GUNĂ, Dan-Alexandru
- Abstract
Law 246/2020 on land use, conservation and protection establishes a complex, unitary framework of measures aimed at preventing soil degradation and possible changes detrimental to its quality, conservation of soil specific functions, being a necessary legislative tool in the soil protection regime. Romania faces multiple threats to this fundamental resource for life, such as drought, erosion and the sale of agricultural land to foreign investors, the discovery of fertile horizons for trade. Each threat requires specific measures of approach, the development of strategies, action plans, legislative packages and the conduct of complex studies. Unfortunately, although the intention of the Romanian legislator is thoroughly justified, the normative act lacks certain elements of legislative predictability that diminish its value. Clearer provisions on the exact meaning of activities with a significant impact on the environment would be welcome, which set out the scope of the law. Also, the non-adoption of methodological rules for the implementation of the law creates real difficulties for its addressees, whether authorities, public institutions or private individuals and legal entities. Once the rules have been adopted, the deadline for issuing the certificate on soil quality and the justified reasons for refusing to issue must be established. Currently, the law does not establish the sanction that intervenes in the situation of concluding a legal act covered by law in the absence of the certificate, which affects the effectiveness of the law. If these legislative shortcomings are remedied, we consider that the provisions of Law no 246/2020 will be an effective tool in the legal framework of soil protection.
- Subjects
ROMANIA; SOIL protection; SOIL conservation; LAND use; SOIL degradation; LAND use laws; DROUGHTS
- Publication
Valahia University Law Study, 2022, Vol 39, p242
- ISSN
2247-9937
- Publication type
Article