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Author: Nina Claudia Miron
Publisher: Kluwer Law International B.V.
ISBN: 9403525673
Category : Law
Languages : en
Pages : 461
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Book Description
Energy and Environmental Law and Policy Series Despite the remarkable scope of EU conservation policy, and notwithstanding 30 years of relevant case law, nature in the EU continues to decline. This comprehensive book, focusing on the EU’s core legislation on nature, the Birds and Habitats Directives, presents a detailed summary and analysis of the two directives as interpreted by the Court of Justice of the European Union. The book’s systematic structure provides the crucial details of a large body of cases decided by the Court following legal actions taken by the European Commission or preliminary references submitted by national courts. It enables a clear procedural understanding of how nature cases are brought before the Court and how the Court approaches matters such as the burden of proof and the entitlement of environmental associations to litigate disputes. Among the salient areas of analysis are the following: the requirements for including sites within Natura 2000, the largest network of protected nature areas in the world; the obligations to conserve Natura 2000 sites and protect them from damage, including through procedural and substantive assessment requirements for plans and projects; requirements concerning unlawful or illegal activities; the strict protection requirements that apply to wild birds and other species, together with related derogation provisions; requirements to protect habitats in the wider countryside and interlinkages between the nature directives and directives on impact assessment, water, and environmental liability; challenges addressed or influenced by the Court, such as defects in Member State transposition, problems of monitoring and enforcing compliance, and dealing with harmful and benign subsidies; procedures used to bring cases to the Court, including direct actions by the Commission and preliminary references from national courts. According to the 2020 Global Risk Report of the World Economic Forum, biodiversity loss will be one of the biggest threats facing humanity in the next ten years. If nature is to have any hope of recovering and prospering, strict application of existing nature conservation rules is of utmost importance, especially as a recent evaluation shows that, although the EU nature directives are fit for purpose, implementation on the ground is lagging behind. By setting out the case law systematically and explaining what compliance with specific requirements entails, this book makes a signal contribution to nature conservation practice. Lawyers, policymakers, and NGOs working in the domain of nature conservation will greatly benefit.
Author: Nina Claudia Miron
Publisher: Kluwer Law International B.V.
ISBN: 9403525673
Category : Law
Languages : en
Pages : 461
Get Book
Book Description
Energy and Environmental Law and Policy Series Despite the remarkable scope of EU conservation policy, and notwithstanding 30 years of relevant case law, nature in the EU continues to decline. This comprehensive book, focusing on the EU’s core legislation on nature, the Birds and Habitats Directives, presents a detailed summary and analysis of the two directives as interpreted by the Court of Justice of the European Union. The book’s systematic structure provides the crucial details of a large body of cases decided by the Court following legal actions taken by the European Commission or preliminary references submitted by national courts. It enables a clear procedural understanding of how nature cases are brought before the Court and how the Court approaches matters such as the burden of proof and the entitlement of environmental associations to litigate disputes. Among the salient areas of analysis are the following: the requirements for including sites within Natura 2000, the largest network of protected nature areas in the world; the obligations to conserve Natura 2000 sites and protect them from damage, including through procedural and substantive assessment requirements for plans and projects; requirements concerning unlawful or illegal activities; the strict protection requirements that apply to wild birds and other species, together with related derogation provisions; requirements to protect habitats in the wider countryside and interlinkages between the nature directives and directives on impact assessment, water, and environmental liability; challenges addressed or influenced by the Court, such as defects in Member State transposition, problems of monitoring and enforcing compliance, and dealing with harmful and benign subsidies; procedures used to bring cases to the Court, including direct actions by the Commission and preliminary references from national courts. According to the 2020 Global Risk Report of the World Economic Forum, biodiversity loss will be one of the biggest threats facing humanity in the next ten years. If nature is to have any hope of recovering and prospering, strict application of existing nature conservation rules is of utmost importance, especially as a recent evaluation shows that, although the EU nature directives are fit for purpose, implementation on the ground is lagging behind. By setting out the case law systematically and explaining what compliance with specific requirements entails, this book makes a signal contribution to nature conservation practice. Lawyers, policymakers, and NGOs working in the domain of nature conservation will greatly benefit.
Author: J. H. Jans
Publisher:
ISBN: 9789089521057
Category : Adaptation (Biology)
Languages : en
Pages : 584
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Book Description
"Taking into account new case law of the European courts, recent environmental directives and regulations, and the new provisions of the Lisbon Treaty, this book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EU environmental policy, and on what principles are directives and regulations based upon? To what extent [are] EU environmental regulations more stringent [than] national environmental standards? What are the requirements the Court of Justice has imposed on the member states implementing environmental directives? How and to what extent can European environmental law be relied upon and challenged before national courts and the European courts? How do the Treaty rules on the internal market and undistorted competition interfere with national environmental policy? Answers to these and other questions can be found in this book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretations. Futhermore, national case law on the application of European environmental law is also ... taken into account"--Provided by publisher.
Author: Reinhard Slepcevic
Publisher: Springer Science & Business Media
ISBN: 3531919997
Category : Political Science
Languages : en
Pages : 244
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Book Description
This book is the result of doctoral studies that I started in October 2004. At the outset, I only knew that I wanted to work on interest groups and litigation in the context of the European Union. At that time, I would not have believed that I would find myself some time later touring half Western Europe to interview environmental organisations, nor that I would read French, German and Dutch court rulings on the protection of endangered species whose names were completely unknown to me. Yet I never regretted my choice of topic, and hopefully the following chapters will convince the reader that it is indeed a topic that merits our attention. I would not have been able to cope with all the pitfalls of a long research project without the strong and enduring support of my friends and colleagues. Both personally and academically, I have profited enormously from my three years as a doctoral student at the department of political science at the Institute for Advanced Studies (Institut für Höhere Studien) in Vienna, Austria. I am very much indebted to Gerda Falkner, Oliver Treib, Sylvia Kritzinger and Irina Michalowitz for organising such a great programme which allowed me and my colleagues to engage in intensive discussions with outstanding academic scholars such as Alec Stone-Sweet, Paul Pierson, James Caporaso, Frank Schimmelfennig, Klaus Goetz, Andrea Lenschow, Katharina Holzinger and Hellen Wallace.
Author: J. H. Jans
Publisher:
ISBN:
Category : EU-ret
Languages : en
Pages : 488
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Book Description
This leading monograph on European Environmental Law now completely updated and revised. Taking into account the changes of the 'Amsterdam Treaty', new case law of the Court of Justice and recent environmental directives and regulations. Prof. Jans acclaimed book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EC environmental policy and on what principles are directives and regulations based upon? To what extent preclude EC environmental directives more stringent national environmental standards? What are the requirements the Court of Justice has imposed on the Member States implementing environmental directives? To what extent can European environmental law be relied upon and challenged before national courts and the Court of Justice? How do the Treaty rules on the Internal Market and undistorted competition interfere with national environmental policy? Answers to these questions can be found in prof. Jans' book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretation. Various national case law on the application of European environmental law is being taken into account. About the author: Prof. Jans (1956) teaches EU law at the Europa Instituut of the law faculty of the University of Amsterdam. He is a member of the Dutch Commission on Environmental Impact Assessment, Vice-Chairman of the Appeal Committee of the Dutch Cartel Authority, and honorory judge at the Assen District Court. He is also member of the editorial boards of the Journal of Environmental Law, SEW, Legal Issues of Economic Integration and The Columbia Journal of European Law.
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287198497
Category : Political Science
Languages : en
Pages : 402
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Book Description
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
Author: Marc Pallemaerts
Publisher: Apollo Books
ISBN: 9789089520487
Category : Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters
Languages : en
Pages : 472
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Book Description
On 30 October 2011, it will be exactly ten years ago that the Convention on Access to information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed by representative of 35 States and the European Community at a pan-European ministerial conference in the Danish city of Aarhus in 1998, entered into force. This multilateral treaty, negotiated under the auspices of the UN Economic Commission for Europe, represents the most comprehensive and ambitious effort to establish international legal standards in the field of citizens' environmental rights to date. Though some of these standards were inspired by earlier EU environmental legislation, many provisions of the Aarhus Convention went beyond the rights already guaranteed by the EU and compelled the European Commission to propose new legislature acts, most of which were adopted between 2003 and 2006, to bring EU environmental law up to the Convention's standards. Since its adoption over a --
Author: Anastasia Telesetsky
Publisher: Taylor & Francis
ISBN: 1317633679
Category : Law
Languages : en
Pages : 318
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Book Description
Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration.
Author: Charles-Hubert Born
Publisher: Routledge
ISBN: 1317693043
Category : Law
Languages : en
Pages : 508
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Book Description
This book analyses the Habitats Directive; one of the most prominent piece of EU environmental legislation of the past decades. Seen by some as the cornerstone of Europe’s nature conservation policy, among other measures the Directive established the so-called "Natura 2000" ecological network, which covers more than 18% of the surface of the EU. However, despite the fact the Directive was adopted over twenty years ago only 17% of the protected habitats and species in Europe are being adequately protected while 10-60 % of animal species remain under threat. In light of the limited success and the contested nature of the Habitats Directive so far this book examines the successes and failures of the Habitats Directive from a legal and political angle. The book brings together international experts to consider the application, implementation and future of the Habitats Directive in order to assess whether the Habitats Directive is resilient enough to tackle biodiversity loss in the twenty- first century. Particular emphasis is put on the legal regime attached to the Natura 2000 network and its possible impact on land development and the relationship between the Habitats Directive and other topics including liability for ecological damage and transboundary nature conservation.
Author: J. H. Jans
Publisher:
ISBN: 9789089521286
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
This book will look at the 'remedial capacity' of the doctrines direct effect, consistent interpretation and state liabilityfrom from the perspective of the national court applying them.
Author: Gregory Jones QC
Publisher: Bloomsbury Publishing
ISBN: 1782250220
Category : Law
Languages : en
Pages : 366
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Book Description
Biodiversity within the European Union is under threat. Almost a quarter of Europe's vascular plant species and 155 species of its native mammals, birds, reptiles and amphibians are threatened with extinction. The Habitats Directive imposes a strict regime for environmental protection. But with the euro zone economy falling from 'stagnation' to 'contraction' in the second quarter of 2012 and the UK entering into a 'double dip' recession in April 2012, European governments face an economic crisis. The English courts have said that the Directive should not become a property developer's obstacle course. Yet the tensions between environmental protection and economic growth are all too readily apparent with the UK government stating both that we must 'arrest the decline in habitats and species and the degradation of landscapes' and later that 'gold plating of EU rules on things like habitats' was putting 'ridiculous costs' on business enterprise. Edited by Gregory Jones QC, The Habitats Directive: A Developer's Obstacle Course? brings together a unique combination of leading academics and practitioners in the field of European environmental and planning law to address and debate controversial issues arising from the Habitats Directive in an authoritative and practical manner. A must for anyone engaged in property development, planning and environmental law.
