Addressing the Challenges of Environmental Civil Liability: Balancing Public and Private Interests

Environmental civil liability faces several challenges. The first challenge concerns the oscillation between two interests: a public interest related to the protection of the environment and a private interest pertinent to the protection of those affected by environmental damage, which raises the question about the possibility of protecting also achieving a balance between the two interests. The second challenge concerns reparation for damage resulting from environmental harm, both in terms of the possibility of reparation for environmental damage and in terms of the difficulty of proving the causal link between such damage and the act. Based on the results of the study, represented in the challenges of environmental civil liability in terms of regulation and in terms of implementation, we have presented recommendations based on the philosophy that the environment is a common of humanity that cannot be reparated for its damage and that the principle of prevention is most appropriate in legislative policy of relevance to the environment also in the programs of the intervening institutions. These recommendations are addressed to all authorities in the modern state, legislative ones, to strengthen the appropriate legal system for the specifics of environmental protection, and executive, through institutions concerned with the environment, and then judicial, about the proper implementation of regulation, along with the hope of judicial protection of public and private interests in environmental litigations.