Considerations on the Legal Protection of the Atmosphere

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Abstract

Air quality is an issue of general, global interest, which requires the implementation of appropriate environmental policies, taking into account the essential connection between the world economy and the environment. Air is an important natural element of the environment, vital for human life and health, as well as for fauna and flora, and it needs to be protected by all means, including legal methods.

Lately, scientific studies and researches have shown that the chemical structure of the atmosphere is changing for natural or anthropogenic causes, which requires more effective monitoring of the impact of human activity on the atmosphere, doubled by the implementation of radical measures, including legal ones, meant to insure the protection of this environmental element.

The increase in the quantity of polluting gases eliminated into the atmosphere causes global warming, destroying the ozone layer and generating other imbalances in the natural environment.

In these conditions, and since pollution knows no political-administrative borders, being a global phenomenon, there is an absolute need for international cooperation based on conventions and treatises on this topic, or directives from international bodies and organisations, and at a national level, the environmental legislation must aim to protect the air in the troposphere as well as the other elements outside the troposphere, such as the ozone layer, which is part of the stratosphere.

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*** Law no. 104/2011 concerning surrounding air quality, published in Monitorul Oficial no. 452 of June 28, 2011

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*** Decision 280/2004/EC of the European Parliament and Council, of February 11, 2004 regarding a greenhouse gases monitoring mechanism within the EC.

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