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The Romanian Constitutional Court (CCR) discusses on Wednesday the Save Romania Union (USR)'s notification regarding the law that allows the construction of small hydroelectric power plants in protected areas.
The Save Romania Union announced that it has notified the Constitutional Court of the law "which leaves room for the completion and operation of illegal hydropower plants in protected natural areas."
In the notification submitted to CCR, USR invoked 11 arguments of unconstitutionality, among them being the violation of the bicameralism principle, given that there are major differences in legal content between the form adopted by the Senate, as the first notified Chamber, and the form adopted by the Chamber of Deputies.
USR also invoked a violation of the right to a healthy environment.
"A law that exempts the 'polluter' from the obligation to conduct impact assessments and proper assessment studies is deeply unconstitutional, affecting the fundamental right to health care. The purpose of the environmental impact assessment is to establish solutions to prevent or limit the above-mentioned ecological impact, as well as to identify the responsible authorities in the event of ecological disasters, on the principle of polluter pays. Given that the law raises the guaranteed protection of protected area for such hydropower projects, granting instead immunity to hydropower projects by simply invoking the major public interest, the risk created for the environment and human health is a major one", shows the USR notification.
USR also invoked the violation of Romania's obligations and responsibilities towards the European Union, by failing to comply with the provisions contained in art. 11, 191, 194 and 288 of the Treaty on the Functioning of the European Union, as well as in Directives no. 60/2000 establishing a framework for Community policy in the field of water, no. 43/92 EEC on the conservation of natural habitats and of species of wild fauna and flora, no. 60/2007 on the assessment and management of flood risks, no. 147/2009 on the conservation of wild birds and in Directive no. 52/2014 on the assessment of the effects of certain public and private projects on the environment.
The Plenary Session of the Chamber of Deputies adopted, on March 23, the draft which stipulates that the investment objectives for the realization of hydropower facilities under construction with a percentage of completion higher than 60% are considered projects of major public interest and national security and safety. to be put into operation by 31 December 2025.
AGERPRES
