Pub Date : 2018-10-08DOI: 10.1108/JPPEL-02-2018-0004
S. Smart, Vicente Burgos
Purpose This paper aims to analyse the Chilean housing policy from a human rights perspective. The work is based on the framework to study socio, economic and social rights as human rights developed by the current special rapporteur on extreme poverty and human rights to describe the steps undertaken by the Chilean State in terms of recognition, institutionalisation and accountability of the right to adequate housing. Design/methodology/approach First, the authors describe the different levels of legal recognition of the right and the lack of constitutional and legislative recognition in the different levels of the Chilean Legal System. Second, they analyse the Chilean Housing Policy and the institutionalisation of the different elements that compose the right to adequate housing, describing and critically reviewing the Chilean housing policy in the past 30 years. The final section analyses the accountability of such policy, taking into consideration the developments of international and regional mechanisms and the processes of accountability lead by civil society and tribunals. Findings The paper concludes that a human rights perspective of the right to adequate housing with legal recognition could improve the accountability, the results and development of the Chilean housing policy. Originality/value The importance of this paper is both empirical and theoretical. Empirically, this paper adds to the current understanding of housing policies in Chile, aiming to complete the narrative of housing laws at the national level. Theoretically, this paper uses for the first time a recognition, institutionalisation and accountability human rights approach to analyse the Chilean housing policies and its loopholes at the national level.
{"title":"Chilean housing policy: a pendant human rights perspective","authors":"S. Smart, Vicente Burgos","doi":"10.1108/JPPEL-02-2018-0004","DOIUrl":"https://doi.org/10.1108/JPPEL-02-2018-0004","url":null,"abstract":"Purpose \u0000 \u0000 \u0000 \u0000 \u0000This paper aims to analyse the Chilean housing policy from a human rights perspective. The work is based on the framework to study socio, economic and social rights as human rights developed by the current special rapporteur on extreme poverty and human rights to describe the steps undertaken by the Chilean State in terms of recognition, institutionalisation and accountability of the right to adequate housing. \u0000 \u0000 \u0000 \u0000 \u0000Design/methodology/approach \u0000 \u0000 \u0000 \u0000 \u0000First, the authors describe the different levels of legal recognition of the right and the lack of constitutional and legislative recognition in the different levels of the Chilean Legal System. Second, they analyse the Chilean Housing Policy and the institutionalisation of the different elements that compose the right to adequate housing, describing and critically reviewing the Chilean housing policy in the past 30 years. The final section analyses the accountability of such policy, taking into consideration the developments of international and regional mechanisms and the processes of accountability lead by civil society and tribunals. \u0000 \u0000 \u0000 \u0000 \u0000Findings \u0000 \u0000 \u0000 \u0000 \u0000The paper concludes that a human rights perspective of the right to adequate housing with legal recognition could improve the accountability, the results and development of the Chilean housing policy. \u0000 \u0000 \u0000 \u0000 \u0000Originality/value \u0000 \u0000 \u0000 \u0000 \u0000The importance of this paper is both empirical and theoretical. Empirically, this paper adds to the current understanding of housing policies in Chile, aiming to complete the narrative of housing laws at the national level. Theoretically, this paper uses for the first time a recognition, institutionalisation and accountability human rights approach to analyse the Chilean housing policies and its loopholes at the national level.","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"2 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2018-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89490823","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 : 2018-10-08DOI: 10.1108/JPPEL-03-2017-0010
E. Klimas, Mantas Lideika
The purpose of this paper is to discuss the measures implemented under the spatial planning law of the Republic of Lithuania, along with various initiatives, to identify whether Lithuania is following the international trend of greening cities.,The authors’ analysis is based on an evaluation of the urban theory-based approach towards greening cities and adopting urban agriculture in Lithuania and legal regulations introduced by the Lithuanian government. The paper specifically analyses the legal requirements enshrined in Lithuanian law that are intended to encourage green infrastructure and urban agriculture in cities as part of the adoption of the principles of sustainable development. The paper focuses on Vilnius, the capital city of Lithuania, to gauge the extent to which the new regulations encourage urban greening and agriculture.,The authors’ reveals that Vilnius is lacking initiatives with regard to urban agriculture, while existing areas for urban agriculture are disappearing. This is happening despite the promising spatial planning reform in Lithuania, which introduced the principle of sustainable development into spatial planning regulations. This is a cause for concern and should lead to renewed calls for a coherent and ambitious approach to the greening of Vilnius and other cities in Lithuania. Furthermore, the lack of action shows that the vague wording used by the regulations does not actively encourage urban agriculture and even results in ignorance of its virtues. Therefore, more precise regulations on encouraging urban agriculture and greening of the cities should be introduced.,This paper is the first to analyse the extent to which the newly adopted principle of sustainable development in spatial planning could affect the greening of Lithuanian cities and encourage urban agriculture. The paper identifies the sequence of opening the meaning of the sustainable development principle in regular legal norms which encouraging the greening and indicates the lack of imperative norms to ensure the due implementation of sustainable development principle.
{"title":"Sustainable development: greening and urban agriculture in Lithuania","authors":"E. Klimas, Mantas Lideika","doi":"10.1108/JPPEL-03-2017-0010","DOIUrl":"https://doi.org/10.1108/JPPEL-03-2017-0010","url":null,"abstract":"The purpose of this paper is to discuss the measures implemented under the spatial planning law of the Republic of Lithuania, along with various initiatives, to identify whether Lithuania is following the international trend of greening cities.,The authors’ analysis is based on an evaluation of the urban theory-based approach towards greening cities and adopting urban agriculture in Lithuania and legal regulations introduced by the Lithuanian government. The paper specifically analyses the legal requirements enshrined in Lithuanian law that are intended to encourage green infrastructure and urban agriculture in cities as part of the adoption of the principles of sustainable development. The paper focuses on Vilnius, the capital city of Lithuania, to gauge the extent to which the new regulations encourage urban greening and agriculture.,The authors’ reveals that Vilnius is lacking initiatives with regard to urban agriculture, while existing areas for urban agriculture are disappearing. This is happening despite the promising spatial planning reform in Lithuania, which introduced the principle of sustainable development into spatial planning regulations. This is a cause for concern and should lead to renewed calls for a coherent and ambitious approach to the greening of Vilnius and other cities in Lithuania. Furthermore, the lack of action shows that the vague wording used by the regulations does not actively encourage urban agriculture and even results in ignorance of its virtues. Therefore, more precise regulations on encouraging urban agriculture and greening of the cities should be introduced.,This paper is the first to analyse the extent to which the newly adopted principle of sustainable development in spatial planning could affect the greening of Lithuanian cities and encourage urban agriculture. The paper identifies the sequence of opening the meaning of the sustainable development principle in regular legal norms which encouraging the greening and indicates the lack of imperative norms to ensure the due implementation of sustainable development principle.","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"58 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2018-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90612364","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 : 2018-10-08DOI: 10.1108/JPPEL-08-2018-0024
F. Sielker
The purpose of this paper is to examine the viewpoints of key stakeholders on the European Commission’s proposal for a regulation for a mechanism to resolve legal and administrative obstacles in cross-border regions. The mechanism known as ECBM, or European Cross-border mechanism, was presented as part of the legislative package for EU Cohesion Policy 2021-2027. The regulation will allow one Member State to apply their legal provision in another Member State for a concretely defined case. This proposal is particularly interesting as it does not give further competence to the European level, but changes how Member States may interact with one another, yet, it raises critiques as regards to its compliance with constitutional, international and European law.,This paper outlines the main elements of contention, which are legal justification, state sovereignty, compliance with the subsidiarity and proportionality principle, thematic and territorial scope, voluntariness and the administrative burden.,The author concludes that the assessment of the voluntariness of the regulation will be crucial in examining the regulations compliance with EU principles and suggests that a more nuanced reading as to which parts of the regulation are voluntary is needed. The author further expects the legal text to change substantial during the legislative procedure, in particular in regard to the thematical scope and the bindingness.,This piece summarises the debate currently held in the European Council and the European Parliament in a structured way to an interested readership. Examining the proposed regulation and the arguments for and against it offers the opportunity to review the main arguments that will be raised in any future debate on legal proposals on territorial development initiatives.
{"title":"The European Commission’s proposal for a cross-border mechanism (ECBM)","authors":"F. Sielker","doi":"10.1108/JPPEL-08-2018-0024","DOIUrl":"https://doi.org/10.1108/JPPEL-08-2018-0024","url":null,"abstract":"The purpose of this paper is to examine the viewpoints of key stakeholders on the European Commission’s proposal for a regulation for a mechanism to resolve legal and administrative obstacles in cross-border regions. The mechanism known as ECBM, or European Cross-border mechanism, was presented as part of the legislative package for EU Cohesion Policy 2021-2027. The regulation will allow one Member State to apply their legal provision in another Member State for a concretely defined case. This proposal is particularly interesting as it does not give further competence to the European level, but changes how Member States may interact with one another, yet, it raises critiques as regards to its compliance with constitutional, international and European law.,This paper outlines the main elements of contention, which are legal justification, state sovereignty, compliance with the subsidiarity and proportionality principle, thematic and territorial scope, voluntariness and the administrative burden.,The author concludes that the assessment of the voluntariness of the regulation will be crucial in examining the regulations compliance with EU principles and suggests that a more nuanced reading as to which parts of the regulation are voluntary is needed. The author further expects the legal text to change substantial during the legislative procedure, in particular in regard to the thematical scope and the bindingness.,This piece summarises the debate currently held in the European Council and the European Parliament in a structured way to an interested readership. Examining the proposed regulation and the arguments for and against it offers the opportunity to review the main arguments that will be raised in any future debate on legal proposals on territorial development initiatives.","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"1 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2018-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75586480","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 : 2018-10-08DOI: 10.1108/JPPEL-12-2017-0038
J. Charlson
Purpose The purpose of the project was to investigate environmental law issues surrounding the regeneration of brownfield land. Design/methodology/approach Following a literature review, an inductive approach and an interpretivist epistemology with a phenomenological focus were chosen. A constructionist ontological stance was adopted. A qualitative paradigm was selected to explore the issues in a focus group comprising industry, legal expert and academic contributors. Findings A critique of the literature on relevant environmental law issues including contaminated land, waste management, water pollution, environmental impact assessment (EIA) issues and finally the political agenda is presented. Contaminated land, waste management, regulators and legislation were discussed in the focus group. The participants contributed their experiences and proposed several changes to environmental law. However, water pollution and EIAs were not considered by the contributors. Research limitations/implications Developers face many environmental law challenges when endeavouring to progress housing on brownfield sites including contaminated land, funding, waste treatment permits, water pollution and EIAs. The benefits of the remediation of brownfield sites for housing seem to be a political priority, but reform of challenging environmental law issues less so. Understandably, the legal complexities of Brexit will take precedence. Originality/value The literature review identified the need to research the experience of brownfield environmental law challenges and recommended changes to environmental law from industry, legal experts and academia.
{"title":"Regeneration of brownfield land: the environmental law challenges","authors":"J. Charlson","doi":"10.1108/JPPEL-12-2017-0038","DOIUrl":"https://doi.org/10.1108/JPPEL-12-2017-0038","url":null,"abstract":"Purpose \u0000 \u0000 \u0000 \u0000 \u0000The purpose of the project was to investigate environmental law issues surrounding the regeneration of brownfield land. \u0000 \u0000 \u0000 \u0000 \u0000Design/methodology/approach \u0000 \u0000 \u0000 \u0000 \u0000Following a literature review, an inductive approach and an interpretivist epistemology with a phenomenological focus were chosen. A constructionist ontological stance was adopted. A qualitative paradigm was selected to explore the issues in a focus group comprising industry, legal expert and academic contributors. \u0000 \u0000 \u0000 \u0000 \u0000Findings \u0000 \u0000 \u0000 \u0000 \u0000A critique of the literature on relevant environmental law issues including contaminated land, waste management, water pollution, environmental impact assessment (EIA) issues and finally the political agenda is presented. Contaminated land, waste management, regulators and legislation were discussed in the focus group. The participants contributed their experiences and proposed several changes to environmental law. However, water pollution and EIAs were not considered by the contributors. \u0000 \u0000 \u0000 \u0000 \u0000Research limitations/implications \u0000 \u0000 \u0000 \u0000 \u0000Developers face many environmental law challenges when endeavouring to progress housing on brownfield sites including contaminated land, funding, waste treatment permits, water pollution and EIAs. The benefits of the remediation of brownfield sites for housing seem to be a political priority, but reform of challenging environmental law issues less so. Understandably, the legal complexities of Brexit will take precedence. \u0000 \u0000 \u0000 \u0000 \u0000Originality/value \u0000 \u0000 \u0000 \u0000 \u0000The literature review identified the need to research the experience of brownfield environmental law challenges and recommended changes to environmental law from industry, legal experts and academia.","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"92 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2018-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87918344","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 : 2018-07-09DOI: 10.1108/JPPEL-03-2018-0011
F. Sielker
Purpose European spatial governance underwent substantial changes over the past two decades with the expansion of European territorial cooperation programmes, the introduction of new instruments for cooperation and an increasing role of financial and regulatory framework in sector policies. Against this background the paper develops the argument that today’s European spatial governance has become more diversified and fragmented, leading to an increasing role for sector policies, and that the cumulative effect of these diverse activities on domestic planning processes are under researched. Design/methodology/approach This paper summarises the legal recognition of spatial planning and categorises European spatial governance as being composed of spatial policies, financial instruments and governance frameworks. This paper then presents three explorative case studies: the Common Transport policy as one European Union (EU) sector policy, a cross-border cooperation supported by the European Regional Development Fund and macro-regional cooperation. Findings This paper concludes that the increasing regulatory impact of European spatial governance on domestic spatial planning goes far beyond the pure Europeanisation of narratives and agendas or “ways of doing things”. Furthermore, this paper illustrates that European spatial governance is characterised by a process of sectoralisation, supported by the EU’s regional policy and the provision of governance tools. The paper calls for further investigation of the interrelatedness of these processes and their reciprocal influences on planning practices. Originality/value The value lies in recognising the incremental changes that have come alongside European integration, and highlighting the importance of these processes for domestic planning processes. This paper highlights the hidden process of sectoralisation that leads to an increase in planning competences at the European level.
{"title":"European spatial governance – towards a sectoralisation of spatial planning","authors":"F. Sielker","doi":"10.1108/JPPEL-03-2018-0011","DOIUrl":"https://doi.org/10.1108/JPPEL-03-2018-0011","url":null,"abstract":"Purpose \u0000 \u0000 \u0000 \u0000 \u0000European spatial governance underwent substantial changes over the past two decades with the expansion of European territorial cooperation programmes, the introduction of new instruments for cooperation and an increasing role of financial and regulatory framework in sector policies. Against this background the paper develops the argument that today’s European spatial governance has become more diversified and fragmented, leading to an increasing role for sector policies, and that the cumulative effect of these diverse activities on domestic planning processes are under researched. \u0000 \u0000 \u0000 \u0000 \u0000Design/methodology/approach \u0000 \u0000 \u0000 \u0000 \u0000This paper summarises the legal recognition of spatial planning and categorises European spatial governance as being composed of spatial policies, financial instruments and governance frameworks. This paper then presents three explorative case studies: the Common Transport policy as one European Union (EU) sector policy, a cross-border cooperation supported by the European Regional Development Fund and macro-regional cooperation. \u0000 \u0000 \u0000 \u0000 \u0000Findings \u0000 \u0000 \u0000 \u0000 \u0000This paper concludes that the increasing regulatory impact of European spatial governance on domestic spatial planning goes far beyond the pure Europeanisation of narratives and agendas or “ways of doing things”. Furthermore, this paper illustrates that European spatial governance is characterised by a process of sectoralisation, supported by the EU’s regional policy and the provision of governance tools. The paper calls for further investigation of the interrelatedness of these processes and their reciprocal influences on planning practices. \u0000 \u0000 \u0000 \u0000 \u0000Originality/value \u0000 \u0000 \u0000 \u0000 \u0000The value lies in recognising the incremental changes that have come alongside European integration, and highlighting the importance of these processes for domestic planning processes. This paper highlights the hidden process of sectoralisation that leads to an increase in planning competences at the European level.","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"43 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2018-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85616192","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 : 2018-07-09DOI: 10.1108/JPPEL-01-2018-0003
O. McIntyre
Purpose This paper aims to propose a legal characterisation of the recent proliferation, across the broad range of global environmental good governance initiatives and practices, of a diverse mix of regulatory environmental standards, many of which are informal in origin insofar as they are neither State-driven nor State-centred. It examines the novel conception of legal order posited by Twinning and Walker, to determine whether it encompasses the myriad rules and standards emerging in the field of environmental governance. Design/methodology/approach Surveying the rapidly developing montage of formal and informal rules and standards associated with global environmental governance, this paper uses the analytical framework provided by scholars of “global administrative law” to reconcile the complementary roles of formal and informal sources of legal rules, and to explain their increasing convergence around a set of good governance principles and standards commonly used in national administrative law systems. Findings The paper concludes that the emerging regulatory framework for global environmental governance comprises an almost endless variety of forms of novel transnational regulatory activity, many succeeding in having a profound impact on environmental outcomes. Yet all appear to be founded upon and guided by a discrete set of good governance standards and principles of an administrative law character – including transparency, participation, legality, rationality, proportionality, reviewability and accountability – which serve to enhance the credibility and legitimacy of each regulatory mechanism. Research limitations/implications It appears that new and informal forms of environmental regulatory activity enjoy a complex symbiotic relationship with formal systems of environmental law. In addition to filling lacunae and addressing deficiencies in such systems, owing, for example, to the transnational character of much of today’s trade, informal regulatory systems are increasingly influencing the evolution of formal legal frameworks and, in so doing, are improving the responsiveness, flexibility and accessibility of this new environmental “legal order”. Practical implications At a practical level, viewing the wide range of new forms of environmental regulatory activity through the prism of global administrative law (or global environmental law) brings unity to this diverse field and, in so doing, makes available to all the actors involved in this “community of practice” a wealth of established practice and principle which can help to inform the elaboration and interpretation of rules and standards of environmental governance through a process of cross fertilisation of ideas and approaches. Social implications Recognition of the legal character and significant role of the wide range of novel forms of environmental regulatory activity lends further
{"title":"Transnational environmental regulation and the normativisation of global environmental governance standards","authors":"O. McIntyre","doi":"10.1108/JPPEL-01-2018-0003","DOIUrl":"https://doi.org/10.1108/JPPEL-01-2018-0003","url":null,"abstract":"Purpose \u0000 \u0000 \u0000 \u0000 \u0000This paper aims to propose a legal characterisation of the recent proliferation, across the broad range of global environmental good governance initiatives and practices, of a diverse mix of regulatory environmental standards, many of which are informal in origin insofar as they are neither State-driven nor State-centred. It examines the novel conception of legal order posited by Twinning and Walker, to determine whether it encompasses the myriad rules and standards emerging in the field of environmental governance. \u0000 \u0000 \u0000 \u0000 \u0000Design/methodology/approach \u0000 \u0000 \u0000 \u0000 \u0000Surveying the rapidly developing montage of formal and informal rules and standards associated with global environmental governance, this paper uses the analytical framework provided by scholars of “global administrative law” to reconcile the complementary roles of formal and informal sources of legal rules, and to explain their increasing convergence around a set of good governance principles and standards commonly used in national administrative law systems. \u0000 \u0000 \u0000 \u0000 \u0000Findings \u0000 \u0000 \u0000 \u0000 \u0000The paper concludes that the emerging regulatory framework for global environmental governance comprises an almost endless variety of forms of novel transnational regulatory activity, many succeeding in having a profound impact on environmental outcomes. Yet all appear to be founded upon and guided by a discrete set of good governance standards and principles of an administrative law character – including transparency, participation, legality, rationality, proportionality, reviewability and accountability – which serve to enhance the credibility and legitimacy of each regulatory mechanism. \u0000 \u0000 \u0000 \u0000 \u0000Research limitations/implications \u0000 \u0000 \u0000 \u0000 \u0000It appears that new and informal forms of environmental regulatory activity enjoy a complex symbiotic relationship with formal systems of environmental law. In addition to filling lacunae and addressing deficiencies in such systems, owing, for example, to the transnational character of much of today’s trade, informal regulatory systems are increasingly influencing the evolution of formal legal frameworks and, in so doing, are improving the responsiveness, flexibility and accessibility of this new environmental “legal order”. \u0000 \u0000 \u0000 \u0000 \u0000Practical implications \u0000 \u0000 \u0000 \u0000 \u0000At a practical level, viewing the wide range of new forms of environmental regulatory activity through the prism of global administrative law (or global environmental law) brings unity to this diverse field and, in so doing, makes available to all the actors involved in this “community of practice” a wealth of established practice and principle which can help to inform the elaboration and interpretation of rules and standards of environmental governance through a process of cross fertilisation of ideas and approaches. \u0000 \u0000 \u0000 \u0000 \u0000Social implications \u0000 \u0000 \u0000 \u0000 \u0000Recognition of the legal character and significant role of the wide range of novel forms of environmental regulatory activity lends further ","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"63 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2018-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83996431","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 : 2018-07-09DOI: 10.1108/JPPEL-02-2018-0009
Agustín García-Ureta
Purpose The purpose of this paper is to examine the impact of the assessment procedure under the European Union Habitats Directive. The wider scope of this procedure together with the lack of detail as to its requirements has originated from an important body of case law from the European Court of Justice. The Court has steadily clarified some of the key matters underlying the procedure. Its case law now represents a significant constraint for development plan and projects affecting Natura 2000 sites. Design/methodology/approach The methodology is based on the analysis of the directive’s text [Article 6(3) and (4)] in the light of the case law. This paper aims to highlight the relevant findings of the European Court and how they limit the prima facie discretion on the part of the Member States. Findings The basic findings could be summarised as follows: the environmental assessment procedure under the Habitats Directive represents a strong tool for controlling activities affecting Natura 2000 sites. Unlike the other environmental assessment directives, a negative conclusion concerning their effects precludes any execution. Significant territorial gaps between plans and projects and Natura 2000 sites do not necessarily avoid the carrying out of complete assessments. The conjunction between a general duty to prevent the deterioration of sites and environmental assessments requires that projects authorised before the designation of sites may be subject to this procedure. Originality/value The originality of this paper is based on a structured presentation of the key matters surrounding the assessment procedure in the light of the recent case law.
{"title":"Environmental assessment under the Habitats Directive: something other than a procedure?","authors":"Agustín García-Ureta","doi":"10.1108/JPPEL-02-2018-0009","DOIUrl":"https://doi.org/10.1108/JPPEL-02-2018-0009","url":null,"abstract":"Purpose \u0000 \u0000 \u0000 \u0000 \u0000The purpose of this paper is to examine the impact of the assessment procedure under the European Union Habitats Directive. The wider scope of this procedure together with the lack of detail as to its requirements has originated from an important body of case law from the European Court of Justice. The Court has steadily clarified some of the key matters underlying the procedure. Its case law now represents a significant constraint for development plan and projects affecting Natura 2000 sites. \u0000 \u0000 \u0000 \u0000 \u0000Design/methodology/approach \u0000 \u0000 \u0000 \u0000 \u0000The methodology is based on the analysis of the directive’s text [Article 6(3) and (4)] in the light of the case law. This paper aims to highlight the relevant findings of the European Court and how they limit the prima facie discretion on the part of the Member States. \u0000 \u0000 \u0000 \u0000 \u0000Findings \u0000 \u0000 \u0000 \u0000 \u0000The basic findings could be summarised as follows: the environmental assessment procedure under the Habitats Directive represents a strong tool for controlling activities affecting Natura 2000 sites. Unlike the other environmental assessment directives, a negative conclusion concerning their effects precludes any execution. Significant territorial gaps between plans and projects and Natura 2000 sites do not necessarily avoid the carrying out of complete assessments. The conjunction between a general duty to prevent the deterioration of sites and environmental assessments requires that projects authorised before the designation of sites may be subject to this procedure. \u0000 \u0000 \u0000 \u0000 \u0000Originality/value \u0000 \u0000 \u0000 \u0000 \u0000The originality of this paper is based on a structured presentation of the key matters surrounding the assessment procedure in the light of the recent case law.","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"20 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2018-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78457529","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 : 2018-07-09DOI: 10.1108/JPPEL-03-2018-0010
Tola Amodu
This paper considers the evolution of government policies regarding the provision of housing in the private rented sector and the regulation of landlord behaviour by mapping this onto known regulatory theory. It argues that the current regulatory trajectory is highly problematic both from the perspective of land law (by further attenuating the conception of property rights) and indeed regulatory compliance.,The approach maps successive governments’ policy stance, what is known of the configuration of the sector and the current demand for housing against evolving regulatory theory (in particular compliance). The piece draws on both property theory and economic analysis.,Enrolling private sector landlords to enforce policies, other than those relating to the landlord and tenant relation (as indicated by the “right to rent” provisions), and attempts at professionalizing the sector may be highly problematic. Furthermore, the growth of regulation may impose an increasing regulatory burden on a significant proportion of the sector, namely, the smaller landlord especially those owning who own only one property.,The hypothesis has not been tested aside in a generalized manner by making reference to the evidence obtained by other researchers and landlord associations. It is for other researchers who may wish to test the hypothesis empirically.,This paper includes a view that has not (to the author’s knowledge) been expressly articulated by Government or through its policies and is one which it may wish to reflect upon.,This paper adopts a novel stance by deploying regulatory theory with understandings of property to highlight potential adverse effects.
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Pub Date : 2014-11-29DOI: 10.1080/15480755.2014.991230
Abstract “Judicial Decisions” are abstracts of recent federal and state court decisions addressing issues of importance to the land use lawyer and planner, such as zoning, inverse condemnation, growth management, signs and billboards, vested rights, and many more.
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Pub Date : 2014-11-29DOI: 10.1080/15480755.2014.991229
B. Connolly
Abstract For the first time in two decades, the U.S. Supreme Court is scheduled in the 2014–2015 term to review the thorny planning and legal subject of local government regulation of outdoor signs and billboards and the core First Amendment requirement that regulations of speech be ”content neutral“. In basic terms, the content‐neutrality doctrine prohibits the government from regulating a speaker's content or message–including messages on outdoor signs. In Reed v. Town of Gilbert, the Court will be asked to decide whether Gilbert, Arizona's sign code, which distinguishes among several categories of signs, including religious, political, and ideological signs, meets the content neutrality requirement. In so doing, the Court may provide direction on how far local governments can go in regulating speech based on message, and the Court can resolve a longstanding division among the federal appellate courts over the meaning of content neutrality
二十年来，美国最高法院将首次在2014-2015年期间审查棘手的规划和法律主题，即地方政府对户外标志和广告牌的监管，以及第一修正案的核心要求，即言论监管应“内容中立”。基本上，内容中立原则禁止政府管制演讲者的内容或信息，包括户外标志上的信息。在里德诉吉尔伯特镇案(Reed v. Town of Gilbert)中，法院将被要求裁定亚利桑那州吉尔伯特市的标志法规是否符合内容中立性要求，该法规区分了宗教、政治和意识形态等几类标志。通过这样做，最高法院可以就地方政府在监管基于信息的言论方面可以走多远提供指导，并且最高法院可以解决联邦上诉法院之间关于内容中立含义的长期分歧
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