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The Enforcement of EC Environmental Law

The Enforcement of EC Environmental Law
Author: Pål Wennerås
Publisher: OUP Oxford
Total Pages: 368
Release: 2007-08-16
Genre: Law
ISBN: 0191566527

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It is widely accepted that the future development of environmental law depends not on further legislation, but on more effective enforcement. Within the EC legal system, the conventional view is that the enforcement deficit is due to the fact that the environment is distinct from other fields of Community law. EC environmental law normally does not confer rights on individuals and may therefore not be judicially enforced in the same manner as rules concerning the internal market, competition and gender discrimination. The Enforcement of EC Environmental Law explores and challenges this assumption. Drawing from constitutional aspects of EC law, the author examines to what extent the general case law on procedures and remedies may be transposed to the field of environment, whilst at the same time taking stock of the existing environmental case law and the distinctive features of environmental legislation. In a critical exposition and assessment of 50 years of jurisprudence by the European Court of Justice as well as recent legislative developments, the author explores the potential of enforcement of environmental law through law suits by individuals as well as the European Commission. By demonstrating that the environment is not so different from other fields of law in terms of rights and remedies, the book provides not only new insights to the enforcement of EC environmental law but also to the central characteristics of Community constitutional law.


Enforcement of European Union Environmental Law

Enforcement of European Union Environmental Law
Author: Martin Hedemann-Robinson
Publisher: Routledge
Total Pages: 948
Release: 2015-05-15
Genre: Law
ISBN: 1135115842

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Offering a detailed account of the various legal arrangements at European Union level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principal sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines the practical impact of the legal arrangements at Union level that are used to uphold EU environmental norms. Offering a comprehensive account of the current state of EU environmental law enforcement and the developments affecting it, Martin Hedemann-Robinson explores the role of the European Commission, the possibilities for private law enforcement, and the responsibilities of member state national authorities. Key legal developments that have occurred since the first edition have been incorporated, including new statutory developments and case law. Particular attention is paid to the impact of the 2007 Lisbon Treaty on foundational EU treaty provisions enabling the European Commission to take legal action against EU member states infringing Union environmental law, the establishment of a new legal architecture at Union level on the topic of environmental criminal policy, as well as increased EU legislative intervention in the area of environmental inspections. The impact of the 1998 Århus Convention on EU environmental law enforcement is also addressed in detail, including the influence of recommendations of the Århus Convention’s Compliance Committee.


Criminal Enforcement of Environmental Law in the European Union

Criminal Enforcement of Environmental Law in the European Union
Author: Michael G. Faure
Publisher: Kluwer Law International B.V.
Total Pages: 206
Release: 2005-01-01
Genre: Law
ISBN: 9041123377

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This provides not only a summary of the criminal prosecution of environmental law in the various countries, but also addresses differences and similarities in practice with respect to environmental criminal law. A critical analysis of the answers is also provided."--Jacket.


Regulation, Enforcement and Governance in Environmental Law

Regulation, Enforcement and Governance in Environmental Law
Author: Richard Macrory Hon KC
Publisher: Bloomsbury Publishing
Total Pages: 856
Release: 2014-10-09
Genre: Law
ISBN: 1782254420

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Regulation, Enforcement and Governance in Environmental Law is an updated edition of Richard Macrory's most influential writings. Spanning his entire career, these are all works which have helped shape contemporary environmental law and policy. The book includes the full text of his 2006 Cabinet Office Review on Regulatory Sanctions, new chapters on the Climate Change Act 2008, the Environment Tribunal, and analysis of recent leading cases. The book is divided into five thematic sections: Regulatory reform, Institutional Reform and Change, the Dynamics of Environmental Law, the Courts and the Environment and Europe and the Environment. Reviews of the first edition: 'This book is surely destined to become a 'must read' for anyone (academic, practitioner or student) interested in the development of regulation, enforcement, and environmental governance.' P Bishop, IUCN Academy of Environmental Law Journal 'An excellent reference work on environmental law....an extremely important and valuable edition to the environmental lawyer's bookshelf.' C Abbot, Journal of Environmental Law 'It is a rare to find a volume which consumes one's attention for 765 pages – and rarer still that such a blockbuster be a law book...This book is not solely for environmental enthusiasts – it should be essential reading for anyone concerned with the institutional reform, transparency and accountability in the UK and EU.' C MacKenzie, Cambridge Law Journal


Enforcement of European Union Environmental Law

Enforcement of European Union Environmental Law
Author: Martin Hedemann-Robinson
Publisher: Routledge
Total Pages: 610
Release: 2007-03-12
Genre: Law
ISBN: 113533000X

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Offering a detailed legal account of the various legal arrangements at EU level this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principle sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines and assesses the practical impact of the legal arrangements at EU level that are used for the purpose of upholding EU environmental norms. Providing a comprehensive account of the current state of EU environmental law enforcement and developments affecting it, Enforcing European Union Environmental Law focuses on the principal sources of EU environmental law enforcement, examining: the role of the European Commission the possibilities for private law enforcement the responsibilities of Member State national authorities. An essential read for those studying, researching and working in the areas of environmental and European Union law.


Research Handbook on EU Environmental Law

Research Handbook on EU Environmental Law
Author: Marjan Peeters
Publisher: Edward Elgar Publishing
Total Pages: 552
Release: 2020-06-26
Genre: Law
ISBN: 1788970675

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This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.


The Untapped Potential of Horizontal Private Enforcement Within EC Environmental Law

The Untapped Potential of Horizontal Private Enforcement Within EC Environmental Law
Author: Josephine A. W. van Zeben
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:

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The premise of the article is that horizontal private enforcement could improve the deterrent effect of public enforcement in cases where there is a low likelihood of public enforcement due to information dissymmetry or funding problems on the side of the public enforcer. In order to illustrate these problems, the first part of the article analyses three common modes of public regulation and enforcement within EC environmental policy. After discussion of the possibilities for horizontal private enforcement of EC environmental law by means of direct effect and consistent interpretation, the Aarhus Convention and the Environmental Liability Directive, it becomes clear that the theoretical potential of horizontal private enforcement has not yet translated into practical application. In the final part of the paper, the author proposes several changes in policy, which would allow the complementary strong points of private and public enforcement to be better used. These policy recommendations include: further research into the complementarities of public and private enforcement; differentiation based on the scale of the environmental problem and the adoption of environmental laws by means of regulations instead of directives.


A Guide to EC Environmental Law

A Guide to EC Environmental Law
Author: Dorothy Gillies
Publisher: Routledge
Total Pages: 204
Release: 2014-07-10
Genre: Political Science
ISBN: 1317971663

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EC law is now a pervasive part of the legislation affecting business, government agencies, the voluntary sector and the individual citizen across the whole of the European Union. This uniquely comprehensive and accessible guide provides a simple and practical explanation of the most important aspects of EC environmental law. In straightforward terms it introduces the EC and its institutions and explains where EC environmental law and policy can be found. It discusses the main environmental laws relating to air and noise, chemicals and industrial risks, nature conservation, waste and water, and explains how these laws can be used to ensure environmental protection. The book also explains the EC's law-making procedures and discusses the stages at which lobbying can be used to influence the content of future EC environmental laws. Useful case studies and suggestions for further reading for those wishing to research a particular area are also included. This book will be an invaluable source of reference and practical guidance for lawyers, business, local government, environmental groups and all those needing to understand and use EC law in this area. Dorothy Gillies is a lawyer and lecturer in law at the University of Glasgow. She has worked in the European Parliament and in the European Commission's Directorate-General XI for Environment, Nuclear Safety and Civil Protection. Originally published in 1998


The Enforcement of EC Environmental Law

The Enforcement of EC Environmental Law
Author: Pl Wenners
Publisher:
Total Pages: 341
Release: 2007
Genre: Environmental law
ISBN:

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This title presents an assessment of the principles governing the enforcement of environmental law within the EC legal system. It argues that the general case law on rights and remedies can be applied in environmental litigation, and maps out the legal justification for more effective enforcement through individual prosecution.