The Enforcement of EC Environmental Law

The Enforcement of EC Environmental Law PDF Author: Pål Wennerås
Publisher: OUP Oxford
ISBN: 0191566527
Category : Law
Languages : en
Pages : 368

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Book Description
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.

The Enforcement of EC Environmental Law

The Enforcement of EC Environmental Law PDF Author: Pål Wennerås
Publisher: OUP Oxford
ISBN: 0191566527
Category : Law
Languages : en
Pages : 368

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Book Description
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 PDF Author: Martin Hedemann-Robinson
Publisher: Routledge
ISBN: 1135115842
Category : Law
Languages : en
Pages : 948

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Book Description
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 PDF Author: Michael G. Faure
Publisher: Kluwer Law International B.V.
ISBN: 9041123377
Category : Law
Languages : en
Pages : 206

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Book Description
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.

Enforcement of European Union Environmental Law

Enforcement of European Union Environmental Law PDF Author: Martin Hedemann-Robinson
Publisher: Routledge
ISBN: 1135115850
Category : Law
Languages : en
Pages : 722

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Book Description
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.

Regulation, Enforcement and Governance in Environmental Law

Regulation, Enforcement and Governance in Environmental Law PDF Author: Richard Macrory Hon KC
Publisher: Bloomsbury Publishing
ISBN: 1782254420
Category : Law
Languages : en
Pages : 856

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Book Description
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

Environmental Laws and Their Enforcement - Volume I

Environmental Laws and Their Enforcement - Volume I PDF Author: A. Dan Tarlock
Publisher: EOLSS Publications
ISBN: 1848261136
Category :
Languages : en
Pages : 466

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Book Description
Environmental Laws and Their Enforcement is a component of Encyclopedia of Social Sciences and Humanities in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The volume on Environmental Laws and Their Enforcement deals, in two volumes , with a myriad of issues of great relevance to our world such as: Sustainable Development and National Governance; History of Environmental Law; International Environmental Law; Constitutional Law; International Binding Mechanisms; Laws Governing Freshwater and Ground Water Pollution; Forestry; Biodiversity Conservation and Endangered Species Protection; International Guidelines and Principles; Compliance Models for Enforcement of Environmental Laws And Regulations; International Environmental Law; Life Support Systems: Law and Policy; The Principle of Sustainable Development in International Development Law; Environmental Pollution Regulations; Social Concerns for Environmental Exposures to Toxic Substances; Regulation of Air and Pollutants. These volumes are aimed at the following five major target audiences: University and College Students, Educators, Professional Practitioners, Research Personnel and Policy Analysts, Managers, and Decision Makers and NGOs.

Enforcement of Environmental Law

Enforcement of Environmental Law PDF Author: Ludwig Krämer
Publisher: Edward Elgar Publishing
ISBN: 9781783479931
Category : Enforcement measures (International law).
Languages : en
Pages : 0

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Book Description
It is becoming ever more apparent that the enforcement of environmental law is a key problem of environmental law and policy. While the number of legal instruments at international, European and national level continue to increase, the actual enforcement of the relevant law remains insufficient, seriously impairing the effectiveness of environmental law. Based on the assumption that nothing undermines the credibility of public authorities more than law that is not applied, this research review analyses the most important articles on the enforcement of international, EU and national environmental law that approach the issue from multiple angles and endeavour to provide solutions for improvement. The review will be a valuable tool for scholars and practitioners as it provides acute insight into existing concerns and intends to stimulate discussion on possible ways to reform and bolster environmental law enforcement.

Research Handbook on EU Environmental Law

Research Handbook on EU Environmental Law PDF Author: Marjan Peeters
Publisher: Edward Elgar Publishing
ISBN: 1788970675
Category : Law
Languages : en
Pages : 552

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Book Description
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.

A Guide to EC Environmental Law

A Guide to EC Environmental Law PDF Author: Dorothy Gillies
Publisher: Routledge
ISBN: 1317971663
Category : Political Science
Languages : en
Pages : 204

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Book Description
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

European Union Environmental Law

European Union Environmental Law PDF Author: Peter G.G. Davies
Publisher: Taylor & Francis
ISBN: 135193824X
Category : Law
Languages : en
Pages : 328

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Book Description
This comprehensive book provides analysis and discussion on the following key issues in EU environmental law: environmental competence, principles and objectives, implementation and enforcement, nature protection, impact assessment, trade and the environment, waste management, climate change and the EU. An accessible work for all students of the subject both academic or professional.