English Version - United Nations Development Programme Romania

CHAPTER 3
The Judicial Framework
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3.1. Reference Points for a Potential Judicial Framework for Sustainable
Development
Transposing the objectives of sustainable development to a judicial level involves a preliminary
assessment of the legislation adopted since 1989, as well as establishing a legislative agenda according to
the priorities that have been identified. This action must take into account the obligation to comply with
the legislation already in force in the E.U., the obligation to observe the international agreements and
conventions on the protection of the environment that Romania signed. The financial means of Romania,
as well as the need to maintain a balance between the quality of life and the economic growth must be had
in view.
The systematisation of the judicial framework according to the objectives and principles set forth
by the National Strategy for Sustainable Development can only begin as soon as the property issue is
clarified judicially and practically, i.e., by governmental implementation programs.
The reference points for the judicial framework regarding sustainable development are the
following:
Remodelling the rules for corporate and public management;
Improvement of the institutionalised partnership system;
Regulation of access to public information;
Securing a clear and strict interpretation of the legis lation, especially in fiscal and commercial
law, by means of the Legislative Council and ministries;
Introduction of regulations and the improvement of the market mechanisms;
Clearer regulation of public services;
Securing the conservation and protection of natural resources (the dimensioning of the agricultural
yield, the protection of forests, the quality of water resources, the prevention of climatic
changes, the management of waste, the quality of air, public food catering etc.);
Preventing environmental deterioration;
Promoting the investment of domestic and foreign capital in projects carried out to ensure the
environmental protection, taking into account short, medium and long -term priorities;
Reforming the labour law (organisation of the labour market, payment according to efficiency,
social security network, the equitable regulation of unemployment, in granting compensations
and in operating mass dismissals etc.);
Human settlements, land planning, rural development (urbanisation problems, the overcrowding
of infrastructures, transportation, air pollution, noise etc.);
Reorganisation in the field of scientific and technological research, education, professional training
and ecological education;
The improvement of the legislative framework regarding the communications and information
technology in order to attract large investments;
The elaboration of a Moral Code of the Environment that would lead to the gradual elimination of
those practices that focus only on short-term profits and would determine changes in behaviour, the
primacy of ethical values, solidarity, equitability etc;
The introduction of the Environmental Fund in the legislative system;
3.2 Prospects
According to section 3.6 of Agenda 2000, Romania will need to earmark substantially larger
financial resources to protect the environment, develop the administrative capacity required to implement
the necessary measures and would also have to harmonise its legislation with that of the European Union.
These laws require a massive investment and considerable efforts on the part of the administrative bodies
– “full compliance with the European norms could be guaranteed in the long-run”.
The present strategy allows Romania to gradually eliminate most of the deficiencies and in the long run to
satisfy the European requirements and standards, which implicitly means to meet the requirements for a sustainable
development, including an adequate legislative framework.