Access to Justice for Citizens in Disputes Concerning Violations of Legislation on Improper Waste Management in the Republic of Moldova

Abstract

Improper waste management represents a critical environmental challenge in the Republic of Moldova, directly impacting public health and sustainable development. While Article 37 of the Constitution guarantees the right to a healthy environment, this right remains illusory without effective access to justice as provided by Articles 20 and 34. The national legal framework, primarily Law No. 1515/1993 and Law No. 209/2016, aims to align with European standards and the Aarhus Convention to ensure that environmental acts or omissions are justiciable. Despite these regulations, significant legal and practical obstacles hinder citizens from obtaining effective remedies in waste-related disputes. Key barriers include restrictive rules on legal standing, the absence of a framework for collective actions, and the prohibitive costs of technical expertise required for environmental assessments. Furthermore, institutional opacity and limited access to reliable environmental data often prevent affected parties from identifying responsible entities or substantiating their legal claims in court. To fulfill its positive obligations under international commitments, such as the EU-Moldova Association Agreement, the state must implement comprehensive reforms. Proposed solutions include expanding legal standing for environmental NGOs, regulating collective legal actions, and establishing a financial assistance scheme to cover technical expertise costs. Additionally, enhancing judicial capacity through specialized training in environmental law is essential to transform abstract constitutional guarantees into effective safeguards for citizens.