Tătar v. Romania

Under Romanian law, the right to a healthy environment was protected by the Constitution. Further, States were advised by the precautionary principle not to delay in adopting effective and proportionate measures to avert the risk of serious irreversible damage to the environment in the absence of scientific or technical certainty.

There was, however, nothing in the case file to indicate that the Romanian authorities had debated the risks which the industrial activity entailed for the environment and for the health of the local population.

Further, the risk to the environment and to the welfare of the local population had, in the applicants’ case, been foreseeable.

In addition to the domestic legislative machinery that had been set up by the law on the protection of the environment, specific international regulations existed which the Romanian authorities could have applied.

They had, however, failed to carry out a satisfactory prior assessment of the possible risks entailed by the activity or to take adequate measures to protect the applicants’ right to respect for their private life and home and, more generally, to the enjoyment of a healthy and safe environment.

As regards the State’s positive obligations under Article 8 of the Convention, the public’s right to information was of primary importance. However, the authorities failed to carry out an adequate risk assessment of environmental hazards caused by a mining company which resulted in a violation of Article 8.