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PUBLIC INTEREST IN ENVIRONMENTAL HEALTH

Catalina Georgeta Dinu

First published: 2022https://doi.org/10.35603/sws.iscss.2022/s02.014View metrics

Abstract

The granting of exemptions in 2022 in Romania for the use of three neonicotinoid pesticides, considered toxic pesticides, harmful to bees, is considered "the beginning of a systemic crisis for environmental health and food security in Europe and globally". That is precisely why neonicotinoid pesticides, have been completely banned from the outdoor environment by the European Commission for eight years, after the European Food Safety Authority (EFSA) confirmed their harmful effect. This article also analyzes the provisions of art. 53 of the EC Regulation no. 1107/2009 regarding the market introduction of phytosanitary products and the repeal of Council Directives 79/117/EEC and 91/414/EEC, which allows a derogation from this prohibition. In this situation, the Member State in question immediately informs the other Member States and the Commission about the measure adopted, providing detailed information about the situation, and the competent administrative authority (for example, the national phytosanitary authority) exercises controls on the ground. However, we are wondering what are the limits of these exceptions, when does the public interest begin and what does it refer to. Does the public interest refer to the provision of food for the population in the context of the war in Ukraine and this year's drought, or to the provision of the protection of the population's health through consistent public health measures? Are these goals contradictory? We will try to answer these dilemmas or create new questions that should lead to our final objective, namely the respect of the following human rights: the right to health, the right to a healthy environment and the right to a decent standard of living (which can include the state food security).

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Publication details

Title
PUBLIC INTEREST IN ENVIRONMENTAL HEALTH
Authors
Catalina Georgeta Dinu
Proceedings
Proceedings of 9th SWS International Scientific Conference on Social Sciences - ISCSS 2022
Publisher
SGEM WORLD SCIENCE (SWS) Scholarly Society
Year
2022
Pages
109-114
SWS Citekey
Dinu2022109114
ISSN
2682-9959
ISBN
978-3-903438-04-0
Language
en
Publication type
Proceedings Paper
Keywords
References11
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  2. Romanian Constitutional Court, Decision no.148 from 16 April 2003 on the constitutionality of the legislative proposal to revise the Romanian Constitution (https://legislatie.just.ro/Public/DetaliiDocumentAfis/43692);

  3. The Federation of Beekeeping Associations from Romania, Open letter against the authorization of neonicotinoids in Romania, addressed to the Minister of Agriculture and Rural Development from Romania, https://www.romapis.org/img/Adresa%20MADR%20derogare%202021.pdf, 2021;

  4. Bee Emergency Call, How some Member States are threatening bees by allowing the use of prohibited pesticides and how the Commission does nothing to stop them, https://www.bee-life.eu/_files/ugd/8e8ea4_bb05322eee3d4f04b1425b55cc0cb9dc.pdf, p.3;

  5. Agerpres, The treatment of seeds with neonicotinoids is done under the strict supervision of ANF; beekeepers are informed about this aspect, https://www.agerpres.ro/economic-intern/2022/01/27/chesnoiu-tratamentul-semintelorcu-neonicotinoide-se-face-sub-stricta-supraveghere-a-anf-apicultorii-sunt-informati-cuprivire-la-acest-aspect--854727, 2022;

  6. Dana Apostol Tofan, Administrative Law, Vol.I, 3rd Edition, Bucharest, 2014, p.9;

  7. Dana Apostol Tofan, The Discretionary Power and the Excess of Power of the Public Authority, Bucharest, 1999, p.17;

  8. Catalina Georgeta Dinu, The Concession Agreement, 2nd Edition, Bucharest, 2016, p.62;

  9. ECHR, Sporrong and Lonnroth v. Suedia, Decision from 23 September 1982, A series no. 52;

  10. Corneliu Barsan, European Convention of Human Rights, vol. I, Bucharest, 2005, p.1037 (European Commission of Human Rights, Comisia Europeana a Drepturilor Omului, 24 October 2006, AGOSI v. United Kigdom, A series, no. 108 В§54);

  11. Veres, A. Kris A. G. Wyckhuys, Jozsef Kiss, Ferenc Toth, Giovanni Burgio, Xavier Pons, Carlos Avilla, Stefan Vidal, Jaka Razinger, Renata Bazok, Ewa Matyjaszczyk, Ivan Milosavljevic, Xuan Vi Le, Wenwu Zhou, Zeng-Rong Zhu, Hagus Tarno, Buyung Hadi, Jonathan Lundgren, Jean-Marc Bonmatin, Maarten Bijleveld van Lexmond, Alexandre Aebi, Aunu Rauf & Lorenzo Furlan, An Update of the Worldwide Integrated Assessment (WIA) on Systemic Pesticides. Part 4: Alternatives in Major Cropping Systems. Environmental Science and Pollution Research 27(24): 29867– 29899, 2020.

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