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On Wednesday, the Constitutional Court of Romania (CCR) postponed for a later date, namely for 26 October, the debates regarding the Save Romania Union's (USR) notification related to the law enabling the construction of small hydroelectric power stations plants in protected areas.
In the notification submitted to the CCR, the USR invoked 11 arguments of unconstitutionality, including the violation of the principle of bicameralism, taking into account that there are major differences in the legal content between the draft cleared by the Senate, as the first Chamber referred, and the draft passed by the Chamber of Deputies, told Agerpres.
Moreover, the USR called-out the right to a healthy environment.
"The damage to water bodies, the destruction of aquatic ecosystems, as well as that of forest habitats also affects human health. The purpose of environmental impact studies is to establish solutions to prevent or limit the aforementioned ecological impact, as well as to identify the responsible authorities in the event of ecological disasters, on the 'polluter pays' principle. In the conditions in which the law lifts the guaranteed protection of protected areas for such hydropower projects, granting, in return, 'immunity' to hydropower projects by simply invoking the major public interest, the risk created for the environment and human health it is a major one," the notification of the USR reads.
The USR also invoked the violation of Romania's obligations and responsibilities towards the European Union, by not complying with the provisions included 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 of Community action in the field of water policy, No. 43/92 regarding the conservation of natural habitats and of wild fauna and flora, No. 60/2007 regarding the assessment and management of flood risks, No. 147/2009 on the conservation of wild birds and in Directive No. 52/2014 regarding the assessment of the effects of certain public and private projects on the environment.
The plenary meeting of the Chamber of Deputies cleared, on 23 March, the draft law which stipulates that the investment objectives for the creation of hydropower facilities in progress with a completion percentage greater than 60 percent are considered projects of major public interest and national safety and security, and they shall be made operational by 31 December 2025.
