Pub Date : 2020-06-26DOI: 10.4337/9781788970679.00006
M. Peeters, M. Eliantonio
This book aims to draw insights into the use of different regulatory instruments by the EU and the role of the CJEU in putting them into practice in the field of EU environmental law. Since the First Environmental Action Plan from 1973,1 the ADBHU case from 1985, in which the European Court of Justice confirmed that environmental protection is ‘one of the Community’s essential objectives’,2 and the Single European Act from 1987, which introduced an explicit basis for environmental legislation, and for which the Maastricht Treaty from 1991 introduced qualified majority voting in the Council,3 a vast body of EU environmental legislation has come into existence.4 It is however an arduous task to acquire adequate insight into the main characteristics and structure of the whole body of EU environmental legislation, let alone comprehensive knowledge of the vast amount of individual provisions of the environmental acquis, including the relevant case law. While students of EU environmental law perhaps expect teachers to provide a systematic explanation of the numerous directives, regulations and decisions in the field of EU environmental law, the disappointing message to them is that no clear structure exists and that the development of EU environmental rules happened in a rather fragmented way, making the whole body difficult to comprehend and systematise. Even more challenging
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This chapter investigates the manner in which public participation in environmental matters is organised under EU law throughout the decision-making chain and shows the infant stadium of development of the case law of the Court of Justice of the European Union in this area. Based on legal analysis and literature review, this chapter highlights the different requirements existing at the various levels of the chain and their interaction. It then unveils the potential mismatch that emerges when the legal requirements are looked at from the perspective of what people want, based on social sciences insights.
{"title":"Access to Public Participation: Unveiling the Mismatch between what Law Prescribes and what the Public Wants","authors":"L. Squintani, G. Perlaviciute","doi":"10.2139/SSRN.3402440","DOIUrl":"https://doi.org/10.2139/SSRN.3402440","url":null,"abstract":"This chapter investigates the manner in which public participation in environmental matters is organised under EU law throughout the decision-making chain and shows the infant stadium of development of the case law of the Court of Justice of the European Union in this area. Based on legal analysis and literature review, this chapter highlights the different requirements existing at the various levels of the chain and their interaction. It then unveils the potential mismatch that emerges when the legal requirements are looked at from the perspective of what people want, based on social sciences insights.","PeriodicalId":132932,"journal":{"name":"Research Handbook on EU Environmental Law","volume":"181 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123201660","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788970679.00015
{"title":"Environmental Procedural Rights","authors":"","doi":"10.4337/9781788970679.00015","DOIUrl":"https://doi.org/10.4337/9781788970679.00015","url":null,"abstract":"","PeriodicalId":132932,"journal":{"name":"Research Handbook on EU Environmental Law","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127211278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788970679.00027
{"title":"Substantive Approaches","authors":"","doi":"10.4337/9781788970679.00027","DOIUrl":"https://doi.org/10.4337/9781788970679.00027","url":null,"abstract":"","PeriodicalId":132932,"journal":{"name":"Research Handbook on EU Environmental Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125429368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788970679.00042
{"title":"Conclusions","authors":"","doi":"10.4337/9781788970679.00042","DOIUrl":"https://doi.org/10.4337/9781788970679.00042","url":null,"abstract":"","PeriodicalId":132932,"journal":{"name":"Research Handbook on EU Environmental Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129621716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788970679.00007
{"title":"Institutional and Horizontal Issues","authors":"","doi":"10.4337/9781788970679.00007","DOIUrl":"https://doi.org/10.4337/9781788970679.00007","url":null,"abstract":"","PeriodicalId":132932,"journal":{"name":"Research Handbook on EU Environmental Law","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120839038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788970679.00037
{"title":"Climate Law","authors":"","doi":"10.4337/9781788970679.00037","DOIUrl":"https://doi.org/10.4337/9781788970679.00037","url":null,"abstract":"","PeriodicalId":132932,"journal":{"name":"Research Handbook on EU Environmental Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130257925","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Although environmental monitoring and inspection are stipulated in the environmental legislation, there are significant problems in practical implementation related to a lack of cooperation between institutions with inspection competencies. There is also a lack of administrative capacity.
{"title":"Compliance and Enforcement Mechanisms","authors":"Unece","doi":"10.18356/72F14BFF-EN","DOIUrl":"https://doi.org/10.18356/72F14BFF-EN","url":null,"abstract":"Although environmental monitoring and inspection are stipulated in the environmental legislation, there are significant problems in practical implementation related to a lack of cooperation between institutions with inspection competencies. There is also a lack of administrative capacity.","PeriodicalId":132932,"journal":{"name":"Research Handbook on EU Environmental Law","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127939446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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