Theoretical Debates on the Resolution of Legal Reports and Regulations in Environmental Law

Abstract

Aim: The environmental issues are becoming an increasingly addressed issues nowadays. Thus, the legislators in various legislative acts impose new and new regulations with a nature of environmental protection, it becomes difficult to identify whether, being incorporated in the text of a certain law, a certain legal norm, belongs to environmental law or, it is a norm that belongs to the field which in substance represents the regulatory object of this law. In other words, it is often quite difficult to determine the boundary of environmental law regulations, especially since the norms of this branch are not always compactly found in environmental legislative acts. Methodology: It must be recognized that the legal mechanisms for environmental protection change their appearance over time, becoming much more aggressive and relentless. They are often used without taking into consideration certain traditional rules and presumptions that often do not ensure effective protection of the environment. In such cases, it is necessary to understand that the regulatory mechanisms for environmental protection are a component of environmental law, even if they are based in other legislative acts and even if they are very similar to the mechanisms used in the regulation of other categories of legal relations Findings: The lack of a clear procedure means that the environmental legislation remains unenforced. Although in other countries the problem of environmental protection has been raised to a much more important level, including the fact that objective and joint liability is established for damage caused to the environment DOI: https://doi.org/10.53486/cike2023.63; UDC: 349.6:504; JEL: K1; K10; K15