European Environmental Law
Námskeið
- LÖG110F Themes on International and European Union Environmental Law
Lýsing:
EU Environmental Law is a critical, comprehensive and engaging account of the essential and emerging issues in European environmental law and regulation today. Suitable for advanced undergraduate and postgraduate students, the book delivers a thematic and contextual treatment of the subject for those taking courses in environmental law, environmental studies, regulation and public policy, and government and international relations.
Placing the key issues in context, EU Environmental Law takes an interdisciplinary and thematic approach to help students to better understand the implementation and enforcement of environmental law and policy across Europe. It offers an accessible overview, and links theory with practical applications that will allow students to contextualise the outcomes of legal rules and their impact on public and private behaviours.
Annað
- Höfundar: Suzanne Kingston, Veerle Heyvaert, Aleksandra Čavoški
- Útgáfudagur: 2017-07-20
- Engar takmarkanir á útprentun
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- Format:ePub
- ISBN 13: 9781108505628
- Print ISBN: 9781107014701
- ISBN 10: 1108505627
Efnisyfirlit
- Cover
- Half title
- Title page
- Imprints page
- Dedication
- Contents
- Figures
- Tables
- List of Cases
- Preface and Acknowledgements
- 1 The Foundations of EU Environmental Law: History, Aims and Context
- History and Development of the European Union’s Environmental Policy
- Aims of EU Environmental Policy
- A ‘High Level of Environmental Protection Taking into Account the Diversity of Situations in the Various Regions of the Union’
- Sustainable Development
- Legal Bases and Environmental Guarantee Provisions
- General Legal Bases
- Environmental Guarantee Provisions and Minimum Harmonisation
- The Nature of the European Union’s Environmental Competences
- Understanding EU Environmental Law and Policy in Context
- Environment, Risk and Science
- Risk and Risk Regulation
- Risk Regulation in the European Union
- Risk Regulation and Critique
- Science and Expertise in EU Law and Policy
- Science, Precaution and Discretion
- Environment and Governance
- From Pollution Control to Strategic Environmental Governance
- Multi-level and Transnational Governance
- Flexible and Decentred Governance
- Good Governance
- Environment, Philosophy and Ethics
- Environment and Geography: The Challenges of Enlargement
- Environment, Risk and Science
- Actors
- The European Commission
- The Council of the EU
- The European Parliament
- The European Council
- The Court of Justice of the European Union (CJEU) and the General Court
- Other Bodies and Actors
- The Economic and Social Committee
- The Committee of the Regions (CoR)
- The European Environment Agency
- The European Investment Bank (EIB)
- The European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL)
- Interest Groups
- Public Interest Groups
- Business Interest Groups
- Regulations
- Directives
- Decisions
- Environmental Action Programmes
- Recommendations and other Soft Law Instruments
- Financial Instruments
- LIFE (the Financial Instrument for the Environment Regulation)
- EU Structural and Investment Funds
- Introduction
- Legal Status and Effect of (Environmental) Principles in EU Law
- The Precautionary Principle
- The Preventive Principle
- The Rectification at Source Principle
- The Polluter Pays Principle
- The Environmental Integration Principle
- Focus on the Integration of EU Economic and Environmental Law and Policy
- Overview
- Environmental Considerations and the Treaty Internal Market Provisions
- Environmental Considerations and Article 110 TFEU
- Environmental Considerations and Articles 34–36 TFEU
- Article 34 TFEU and National Measures Promoting Green Energy
- Green Public Procurement
- Introduction: The EU’s Changing Regulatory Toolbox
- Understanding Regulatory Choices: Factors and Philosophies Underlying EU Decisions as to Environmental Regulatory Technique
- Environmental Effectiveness
- Economic Efficiency
- Political and Administrative Feasibility
- Flexibility
- Compatibility with Existing EU and National Institutional Frameworks
- Compatibility with Beliefs and ‘Ideas’
- Surveying the EU’s Environmental Regulatory Techniques
- Hierarchy: Direct or ‘Command and Control’ Techniques
- Overview
- Flexible Direct Regulation: Framework Directives
- Proceduralised Direct Regulation
- The Pros and Cons of Direct Environmental Regulation in the EU
- Market-Based Instruments
- Overview
- Tradable Permit Schemes
- Other Examples of the EU’s Embrace of Market-Based Instruments
- Network-Based Approaches: Voluntary Techniques and Corporate Social Responsibility
- Overview
- Enabling Corporations
- Enabling Consumers and Civil Society
- Hierarchy: Direct or ‘Command and Control’ Techniques
- Introduction: Why Environmental (Human) Rights?
- Rights Originating from the Council of Europe
- The 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (the ‘ECHR’)
- No Right to a Decent Environment
- Article 8 ECHR: Right to Respect for Private and Family Life
- Development of the ECtHR’s Approach
- The Relevance of Adequate Procedures to the Article 8 Assessment
- The Margin of Appreciation
- Article 6(1) ECHR: Right to a Fair Trial
- Article 1 of Protocol No. 1: The Right to Property
- The 1961 European Social Charter (the ‘ESC’)
- The 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (the ‘ECHR’)
- The Charter of Fundamental Rights of the EU (the ‘Charter’)
- The Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters
- The Aarhus Convention’s Approach to Environmental Rights
- Signatories, Ratification and Compliance
- Aarhus’s Three Substantive Pillars
- Access to Information
- Public Participation
- Public Participation in Decisions on ‘Specific Activities’
- Public Participation in Plans, Programmes and Policies Relating to the Environment
- Public Participation During the Preparation of Regulations or Legislation
- Access to Justice
- Implementation of the Aarhus Convention in EU Law
- Other Relevant Sources of International Human Rights Law
- Introduction: The Enforcement Deficit in EU Environmental Law
- Public Enforcement of EU Environmental Law: Enforcement by the European Commission
- Article 258 TFEU
- Overview
- The Administrative Phase
- The Commission’s Prioritisation of Cases
- The EU ‘Pilot’ Scheme and the ‘CHAP’ Complaint Registry
- The Litigation Phase
- ‘General and Persistent’ Breaches of EU Law
- Defences
- Interim Measures
- Article 260 TFEU
- Broader Commission Initiatives to Improve Enforcement of EU Environmental Law
- Article 258 TFEU
- Public Enforcement of EU Environmental Law: Enforcement by National Authorities
- Principles
- The European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL) Network
- The Environmental Liability Directive
- Overview
- Scope of Application
- Causation
- Duties Imposed on Operators
- Powers and Duties of Competent Authorities
- Observations and Requests for Action
- Transboundary Damage
- Criminal Penalties
- Private Enforcement of EU Environmental Law at National Level
- Direct Effect of EU Environmental Law
- Overview
- Must a Directly Effective Provision Confer a Right on an Individual?
- Which Bodies Must Apply Directly Effective Provisions?
- Direct Effect of Treaty Provisions, Regulations, Decisions and International Agreements
- Direct Effect of Directives
- Relying on Directives against the State and ‘Emanations of the State’ (‘Vertical’ Direct Effect)
- The Concept of the ‘State’
- Direct effect of Directives prior to the expiry of the transposition period
- Relying on Directives against Private Parties (‘Horizontal’ Direct Effect)
- Direct Effect of EU Environmental Law
- The Duty of Consistent Interpretation (‘Indirect Effect’)
- ‘Triangular’ Cases
- ‘Incidental’ Horizontal Direct Effect
- Horizontal Direct Effect of a ‘General Principle’ of EU Law
- State Liability in Damages for Breach of EU Law
- The Provisions of the Aarhus Convention on Access to Justice
- Article 9(1) on Access to Justice concerning Environmental Information Decisions
- Article 9(2) on Access to Environmental Justice concerning Public Participation
- Article 9(3) on Access to Environmental Justice in General
- Article 9(4) on Conditions of Access to Justice
- Article 9(5) on Public Information and Legal Aid
- Implementation of Article 9 of the Aarhus Convention in EU Law
- National Procedural Autonomy, Effectiveness and Equivalence
- Harmonising EU Legislation on Access to Environmental Justice: Directive 2003/4 and Directive 2003/35
- Access to Justice before the EU Courts
- Access to Justice by Means of Internal Review under Regulation 1367/2006
- Other Means of Accessing Justice at EU Level
- Introduction
- Mandate of the European Union with Regard to Climate Change
- High Stakes: The Challenge of Climate Change Leadership
- The External Dimension of Climate Change Leadership
- The Internal Dimension of Climate Change Leadership
- The Challenge of Leadership Exemplified: The Case of Aviation
- The Scope of the Climate Change Challenge
- Climate Change as a Multi-Level Governance Challenge: The Example of Renewable Energy
- Renewable Energy Policy in the EU: Reconciling European Ambition with National Differentiation through Multi-Level Governance
- The 2009 Renewable Energy Directive (RED)
- National Action Plans
- Cooperation between Member States
- Access to the Grid and Guarantees of Origin
- The Difficult Question of Biofuels
- National Support Schemes
- Free Movement of Renewable Energy: Navigating between the Goals of Trade Liberalisation, Environmental Protection and National Control over Energy Policy
- The Challenge of a Regulation-Based Market
- The ETS as Market-Based Regulation
- Gauging the Effectiveness of Market-Based Regulation
- Managing a Regulation-Based Market
- The Allocation of Allowances
- Recession and Transnational Offsetting
- Addressing the Burden of the Past: Backloading and the Market Stability Reserve
- Introduction: Key Themes of EU Air Pollution and Industrial Emissions Law
- Ozone-Depleting Substances
- Ambient Air Quality
- Approaches to Standardisation
- The EU Legal Framework
- The 2001 NECD
- The 2008 AQFD
- Member State Implementation of EU Ambient Air Legislation
- Regulating Industrial Emissions
- Integrated Pollution Prevention and Control within the IED
- ‘Best Available Techniques’ (BAT)
- Standardisation in the IPPC Framework: The Anchoring Function of BAT
- The Evolution of BREFs: A Hardening Attitude towards EU Soft Law
- Flexibility in the IED: An Assessment
- Coherence in Air Pollution Law
- Conclusion
- Introduction
- Europe’s Waters Interconnected
- The History of EU Water Law
- The Inter-Related Threads of EU and International Water Law
- The 2000 Water Framework Directive
- History of the Water Framework Directive (WFD)
- Overview
- River Basin Management and the ‘Programme of Measures’
- The ‘Environmental Objectives’
- Surface Water
- Chemical Quality
- Ecological Quality
- Artificial and Heavily Modified Bodies of Water
- Groundwater
- Groundwater under the Water Framework Directive (WFD)
- The 2006 Groundwater Directive
- Establishing ‘Good Groundwater Chemical Status’
- Significant and Sustained Upward Trends of Contamination
- Prevent or Limit Inputs of Pollutants into Groundwater
- Alternative Compliance
- Assessment
- Surface Water
- The Water Framework Directive’s Derogations from the Environmental Objectives
- Combined Approach
- Priority Substances
- Economic Analysis
- Public Involvement
- Governance
- Assessment
- History and Overview
- Ensuring that Drinking Water is ‘Wholesome and Clean’
- Providing for Hard Cases: Lead and Pesticides
- Monitoring and Compliance
- Assessment
- Defining Bathing Waters
- From Emissions Limit Values to Classification
- Monitoring and Assessment
- Public Participation
- Assessment
- Dangerous Substances in Water Directives
- Priority Substances Directive
- Directive 2008/105/EC
- Listing Substances and Review of Adopted List of Priority Substances
- Assessment
- Regulating Non-Point Source Pollution
- ‘Nitrogen Zones’
- Improving Environmental Quality
- Additional Measures and Derogations
- Assessment
- Collection, Treatment and Disposal
- Sensitive Areas
- Identifying Eutrophication
- Less-Sensitive Areas
- Industrial Waste Water
- Institutional Framework
- History and International Context
- The 1991 UNECE Espoo Convention on Transboundary Environmental Impact Assessment
- Overview
- Obligations
- The EIA Directive
- Scope and Purpose
- What is an EIA?
- The ‘Competent Authority’
- Projects Subject to EIA
- Annex I Projects: Mandatory EIA
- Annex II Projects: The Screening Process
- Exemptions from the EIA Requirement
- The EIA Procedure
- The Developer’s EIA Report
- Consultation and Public Participation
- Transboundary Projects
- The Decision to Grant or Refuse Development Consent
- Relationship with other Assessment Procedures
- Communication of the Competent Authority’s Decision
- Remedies and Access to Justice
- The Strategic Environmental Assessment Directive
- Scope and Purpose of the SEA Directive
- The Obligation to Carry Out an SEA
- Plans and Programmes Subject to Mandatory SEA
- Screening of other Projects
- Exemptions
- The SEA Procedure
- Environmental Report
- Consultation of Designated Authorities and of the Public Likely to be Affected
- Transboundary Consultation
- Relationship with Other Assessment Procedures
- The Decision
- Remedies
- Introduction
- Changing Narratives: Nature Conservation, Biodiversity Protection and the Safeguarding of Natural Capital
- The Birds Directive and Habitats Directive: The Twin Pillars of Natura 2000
- The Birds Directive
- The Habitats Directive
- Designation and its Consequences: The Legal Status of SPAS and SACS
- The Designation Process
- The Consequences of Designation
- Designation and its Discontents
- Biodiversity and Sustainability: The Role of Economic Considerations in Natura 2000
- Protecting SCIs and the Role of the Precautionary Principle
- Protective Regimes: The Relation between the Birds and Habitats Directives
- Timing of Member State Obligations
- The Management of Protected Sites: Article 6(1) Habitats Directive
- Avoiding Deterioration and Disturbance: Article 6(2) Habitats Directive
- Assessing Development: Article 6(3) Habitats Directive
- ‘Any Plan or Project’
- ‘Significant Effect’ and ‘Appropriate Assessment’
- ‘Integrity of the Site’
- Assessment
- Declassification
- Compensating Biodiversity Losses
- The Effectiveness of the Birds and Habitats Directives
- Other Measures
- Conclusion: Overcoming Institutional and Systemic Dichotomy
- Introduction
- Dual-Purpose Regulation: Reconciling Market Harmonisation with Health and Environmental Protection
- EU Chemicals Regulation as a Network
- The REACH Regulation
- The CLP Regulation
- Further Measures
- Chemicals, GMO and Nano Regulation as Technological Risk Regulation
- Information Production
- Risk Management
- Legitimacy and Effectiveness Challenges of Data-Driven Regimes
- Regulating Uncertainty
- Legal Principles: The Requirement to Pursue a High Level of Environmental Protection (HLP) and the Precautionary Principle
- Claims to Legitimacy: Expertise, Transparency and Participation
- Claims to Legitimacy: Updating, Review and Monitoring
- GMO Regulation: A Fraught State of Coexistence
- The Regulatory Framework
- Scope for Post-Authorisation Differentiation
- Coexistence Measures
- Safeguard Clauses
- Derogation or ‘Opt-Ups’ under Article 114(4)–(6) TFEU
- Article 26(b) DRD: Farewell Internal Market?
- EU Waste Policy
- Waste Framework Directive (WFD)
- Overview of the WFD
- What is Waste?
- By-Product
- End-of-Waste
- Hazardous Waste
- Shipment of Waste
- Waste Operations
- Landfills
- Incineration of Waste
- Waste Streams
- Packaging
- Batteries and Accumulators
- End-of-Life Vehicles
- Waste Electrical and Electronic Equipment (WEEE)
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- Gerð : 208
- Höfundur : 8473
- Útgáfuár : 2017
- Leyfi : 379