CCR is debating two referrals by Nicușor Dan: the law of beaches and that of protected areas
On Wednesday, the CCR is analyzing two referrals made by President Nicușor Dan regarding the Black Sea Beaches Law and the Law on Protected Natural Areas. The head of state claims that the contested provisions raise constitutional issues and may affect environmental protection.
CCR debates on Wednesday two sessions submitted by Nicusor Dan. PHOTO: Mediafax
On Wednesday, May 27, the judges of the Constitutional Court are called to rule on two referrals submitted by President Nicușor Dan, which aim at legislative changes with direct effects on the administration of the Black Sea beaches and on the way in which natural areas in Romania are protected.
The law on the use of Black Sea beaches
The first of the referrals on the Court's table concerns the Law for the amendment and completion of the Government Emergency Ordinance no. 19/2006 regarding the use of the Black Sea beach and the control of the activities carried out on the beach, a normative act contested by the president since November of last year.
The new legislative formula provides for the possibility for the owner of the property right on the beaches to offer for free use to the local public administration authorities from the Black Sea riverside towns, at their request, a share of up to 20% of the surface of the beaches used for tourist purposes and located within their administrative-territorial radius. That area would be used as a public beach.
In the notification sent to the Constitutional Court, Nicușor Dan claims that the provision raises constitutional issues, since beaches and sea cliffs are part of the public domain of the state.
The head of state argues that the owner of the property rights over these lands is the Romanian state, considering that the sea cliff and beach are included in the list of assets that belong to the public domain of the state. In addition, the president draws attention to the fact that local public administration authorities do not fall into the category of public utility institutions and, therefore, would not have the legal capacity to receive such lands for free use.
From this perspective, the president appreciates that the provision by which local administrations could receive up to 20% of the surface of the beaches used for tourist purposes contravenes article 136 paragraph 4 of the Constitution, which establishes the legal regime of public property.
The law on protected natural areas
Also in November of last year, Nicușor Dan also referred the Constitutional Court in relation to the law that modifies the regime of protected natural areas and the rules regarding the evaluation of the impact on the environment.
He believes that the normative act raises serious constitutional issues and contradicts the obligations assumed by Romania as a member state of the European Union, especially with regard to the protection of biodiversity and the assessment of the effects on the environment in the case of major investments.
“I signed the referral to the Constitutional Court in relation to the law that modifies the regime of protected natural areas and environmental impact assessment. The law sent for promulgation raises constitutional issues and contravenes Romania's obligations as a member state of the European Union. This allows the reduction of the limits of protected areas and the elimination of the environmental assessment for entire categories of energy projects or declared by the Supreme Council of National Defense to be of interest to national security”. the president sent on Facebook.
According to the arguments presented in the notification of unconstitutionality, the law would violate the fundamental right to a healthy environment, guaranteed by Article 35 of the Constitution, and would come into direct conflict with European legislation on the protection of natural habitats and environmental impact assessment.
The President warns that European directives do not allow general or automatic exemptions for energy or military projects and that the elimination of environmental assessments and compensatory measures imposed by the European Union could significantly reduce the level of biodiversity protection.
In addition, the head of state claims that the adoption of such measures could expose Romania to the risk of triggering an infringement procedure by the European institutions.
“The energy independence of our country is a particularly important goal, but it must be achieved in a sustainable manner, and Romania has a constitutional and European obligation to protect the natural heritage and to guarantee every citizen the right to a healthy environment. The adoption of rules that weaken these guarantees would mean a dangerous legislative regression, contrary to the principles of the rule of law.” says the president.
