AMICUS CURIAE SUBMISSION

This amicus curiae submission, filed by Alburnus Maior, Centrul Independent pentru Dezvoltarea Resurselor de Mediu (ICDER), and Greenpeace Romania, argues that Gabriel Resources Ltd. failed to meet investor responsibilities and legal requirements regarding a proposed gold mine in Roșia Montană, Romania. The document contends that the company lacked due diligence on project feasibility, violated human rights related to adequate housing, and failed to obtain necessary environmental and archaeological permits under Romanian and EU law.

• The claimant failed to conduct adequate due diligence on the feasibility of the project, specifically regarding the acquisition of surface rights and the relocation of approximately 974 households across 1,663.89 hectares of land.
• Gabriel Resources Ltd. is accused of failing to obtain a 'social license to operate' by ignoring local opposition, discrediting critics, and attempting to silence the media and experts through lawsuits and intimidation.
• The company violated the right to adequate housing and living conditions by pressuring residents to sell properties, demolishing houses, and undermining local social infrastructure, including health and education services.
• The claimant never successfully completed the required urban zoning and planning procedures; multiple General Urban Plans (PUG) and Zonal Urban Plans (PUZ) were declared void or annulled by Romanian courts due to conflicts of interest and lack of documentation.
• The company failed to obtain valid Archaeological Discharge Certificates (ADC) for the Carnic and Orlea areas, as courts ruled that mining in the Carnic Massif is incompatible with the protection of unique Roman galleries.
• The environmental permitting process was flawed due to a lack of public participation during the scoping phase and the submission of an Environmental Impact Assessment (EIA) report that independent experts described as lacking scientific rigor and distorting data.
• The Aarhus Convention Compliance Committee (ACCC) found in 2015 that Romania was largely not in compliance with its obligations regarding the project, specifically concerning the failure to share mining-related information and lack of public participation in issuing the ADC.
• The company and the Romanian government attempted to bypass standard legal requirements through a proposed 'special law' (RM special law) that would have declared the project of overriding public interest and facilitated the destruction of historical landmarks.
• The submitting organizations argue that the ICSID tribunal lacks jurisdiction because the dispute necessarily requires the interpretation of EU law (such as the Water Framework Directive), which, following the CJEU Achmea decision, would affect the autonomy of the EU legal order.

APA

Center for International Environmental Law (2018). AMICUS CURIAE SUBMISSION. https://www.ciel.org/wp-content/uploads/2024/02/Amicus_Submission_Rosia_Montana_ICSID_2018.pdf

Chicago

Center for International Environmental Law. AMICUS CURIAE SUBMISSION. 2018. https://www.ciel.org/wp-content/uploads/2024/02/Amicus_Submission_Rosia_Montana_ICSID_2018.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=AMICUS CURIAE SUBMISSION |date=2 November 2018 |url=https://www.ciel.org/wp-content/uploads/2024/02/Amicus_Submission_Rosia_Montana_ICSID_2018.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2018amicus, author = {{Center for International Environmental Law}}, title = {{AMICUS CURIAE SUBMISSION}}, institution = {Center for International Environmental Law}, year = {2018}, month = nov, url = {https://www.ciel.org/wp-content/uploads/2024/02/Amicus_Submission_Rosia_Montana_ICSID_2018.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }