Effective Judicial Protection and the Environmental Impact Assessment Directive in Ireland PDF Download
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Author: Aine Ryall
Publisher: Bloomsbury Publishing
ISBN: 184731516X
Category : Law
Languages : en
Pages : 332
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Book Description
This work is concerned with enforcement of the Environmental Impact Assessment (EIA) directive in Ireland, and by extension, in the European Union more widely. As a case study it delves into the complex situation pertaining in Ireland. At a more general level it offers an up-to-date, theoretically rich and critically incisive examination of the enforcement of the EIA directive in Europe, with the main focus being on the role of the national courts in overseeing the correct application of the directive by the competent authorities via the judicial review process. The procedural requirements set down in the EIA directive are examined against the backdrop of the role played by the public in environmental decision-making. Amendments to the directive prompted by the Aarhus Convention are explained and their impact in practice is assessed. The core elements of the concept of effective judicial protection developed by the European Court of Justice are explored. Following an analysis of the EIA case law from the Irish Superior Courts to date, the work examines the extent to which Irish planning and administrative law meets the requirements of the principle of effective judicial protection and the access to justice provisions articulated in the Aarhus Convention.
Author: Aine Ryall
Publisher: Bloomsbury Publishing
ISBN: 184731516X
Category : Law
Languages : en
Pages : 332
Get Book Here
Book Description
This work is concerned with enforcement of the Environmental Impact Assessment (EIA) directive in Ireland, and by extension, in the European Union more widely. As a case study it delves into the complex situation pertaining in Ireland. At a more general level it offers an up-to-date, theoretically rich and critically incisive examination of the enforcement of the EIA directive in Europe, with the main focus being on the role of the national courts in overseeing the correct application of the directive by the competent authorities via the judicial review process. The procedural requirements set down in the EIA directive are examined against the backdrop of the role played by the public in environmental decision-making. Amendments to the directive prompted by the Aarhus Convention are explained and their impact in practice is assessed. The core elements of the concept of effective judicial protection developed by the European Court of Justice are explored. Following an analysis of the EIA case law from the Irish Superior Courts to date, the work examines the extent to which Irish planning and administrative law meets the requirements of the principle of effective judicial protection and the access to justice provisions articulated in the Aarhus Convention.
Author: Simon Marsden
Publisher: Routledge
ISBN: 1134075065
Category : Law
Languages : en
Pages : 353
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Book Description
This book examines 'The Espoo Convention on Environmental Impact Assessment in a Transboundary Context', which celebrates the twentieth anniversary of its adoption in 2011, and its 'Kiev Protocol on Strategic Environmental Assessment' which came into force in July 2010. In addition to contributing to international environmental law, the Convention has prompted significant changes to European environmental law. The chapters in this collection explain the role of transboundary environmental impact assessment in international and European law, and explore the relationship between international and European law in the context of potential application of the Convention. They also examine examples of the Convention in practice, and consider the potential application of the Protocol. While the focus of the book is on the situation in the European Union, reference is made to the relationship between EU and non-EU member states, notably in connection with important cases in the Arctic, the Danube Delta and the Baltic Sea.
Author: Simon Marsden
Publisher: Routledge
ISBN: 1136556443
Category : Architecture
Languages : en
Pages : 347
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Book Description
Makes an important contribution to the literature on SEA by drawing on and integrating international and European jurisprudence and scholarship as well as the policy science literature on SEA and environmental assessment. The result is a rich analysis that provides environmental assessment professionals with an overview of the legal context in which assessments are carried out while also providing lawyers with valuable insights into the operation of SEA in policy formulation both within and beyond the state. Dr Neil Craik author of The International Law of Environmental Impact Assessment It.
Author: Mariolina Eliantonio
Publisher: Bloomsbury Publishing
ISBN: 150994821X
Category : Law
Languages : en
Pages : 425
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Book Description
This comparative book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directives-the core of EU nature conservation law-are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 current and former EU Member States' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts' scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles. How have the courts evaluated scientific evidence, encompassing its essential uncertainties? This book answers this and many more questions pertinent to EU environmental law, comparative environmental law, administrative law, and STS studies. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.
Author: Jane Holder
Publisher: Routledge
ISBN: 113539251X
Category : Law
Languages : en
Pages : 305
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Book Description
Examining the relationship between law, environmental governance and the regulation of decision-making, this volume, both reflective and contextual in approach, uses a wide range of theories to explore the key features of modern environmental assessment.
Author: Stephen J. Turner
Publisher: Cambridge University Press
ISBN: 1108669263
Category : Law
Languages : en
Pages : 455
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Book Description
Environmental rights, also known as the human rights or constitutional rights that are used for the protection of the environment, have proliferated over the last forty-five years. However, the precise levels of protection that they represent has since been a major question associated with this phenomenon. Environmental Rights: The Development of Standards systematically investigates this question by analyzing the emerging standards of environmental protection that are associated with such rights and the way that those associations are becoming formalized. It covers all of the relevant human rights treaties to illustrate how environmental rights standards are emerging in this dynamic area. Bringing together an elite group of scholars, this book discusses significant new insights into the way that environmental rights are developing, the standards of protection that they confer, and the way that standards in the field of environmental rights can potentially be further developed in the future.
Author: Maria Lee
Publisher: Bloomsbury Publishing
ISBN: 1849467498
Category : Law
Languages : en
Pages : 302
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Book Description
A vast and diverse body of EU law addresses an enormous range of environmental matters. This book examines a number of areas of substantive EU environmental law, focusing on the striking preoccupation of EU environmental law with the structure of decision-making. It highlights the observation that environmental protection and environmental decision-making depend intimately on both detailed, specialised information about the physical state of the world, and on political judgments about values and priorities. It also explores the elaborate mechanisms that attempt to bring these distinctive decision-making resources into EU environmental law in areas including industrial pollution, chemicals regulation, environmental assessment and climate change.
Author: Maria F. Moscati
Publisher: Edward Elgar Publishing
ISBN: 1786433036
Category : Law
Languages : en
Pages : 607
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Book Description
Comparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of chapters on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies. Chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.
Author: Suzanne Kingston
Publisher: Routledge
ISBN: 1136218890
Category : Law
Languages : en
Pages : 262
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Book Description
This book provides a range of perspectives on some of the most pressing contemporary challenges in EU environmental law and governance from some of today’s leading European environmental academics and practitioners. The book maintains a focus on three key cross-cutting issues, each of which is carefully analysed through the lens of governance. The first theme to be addressed is that of climate change and the problems it poses for EU governance. The second issue explored concerns the challenge of integrating environmental considerations into other policy areas, as is required by the Treaty on the Functioning of the European Union and the EU’s Charter of Fundamental Rights. Finally, the third theme centres on the important challenge of improving environmental enforcement within the EU, and considers issues such as the Aarhus Convention and the evolution of the Commission’s work on implementation and enforcement throughout the past twenty years. Each of these three themes is situated within the broader ongoing debate about the changing nature of European environmental governance post-Lisbon and the ways in which developments in this area fits within broader trends in European governance theory and policy generally. European Perspectives on Environmental Law and Governance contains contributions from experts in the field including; Mary Robinson, Alan Boyle, Ludwig Kramer and Liam Cashman, and will be of interest to academics, students and practitioners of EU environmental law.
Author: Matteo Bonelli
Publisher: Bloomsbury Publishing
ISBN: 1509948015
Category : Political Science
Languages : en
Pages : 315
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Book Description
This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts' approaches. The questionnaire methodology allows for an accurate charting of national courts' application of Article 47 at the domestic level. Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level.
