Pub Date : 2023-06-26DOI: 10.1163/18760104-20020001
{"title":"Contributors","authors":"","doi":"10.1163/18760104-20020001","DOIUrl":"https://doi.org/10.1163/18760104-20020001","url":null,"abstract":"","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134933346","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 : 2023-03-21DOI: 10.1163/18760104-20010000
{"title":"Front matter","authors":"","doi":"10.1163/18760104-20010000","DOIUrl":"https://doi.org/10.1163/18760104-20010000","url":null,"abstract":"","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135000355","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 : 2023-03-21DOI: 10.1163/18760104-20010001
{"title":"Contributors","authors":"","doi":"10.1163/18760104-20010001","DOIUrl":"https://doi.org/10.1163/18760104-20010001","url":null,"abstract":"","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135000354","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 : 2021-12-02DOI: 10.1163/18760104-18040004
Amelie Ohler, M. Peeters, M. Eliantonio
With Germany’s signature to the Aarhus Convention in 1998, the country committed to strengthening the legal position of environmental Non-Governmental Organisations (eNGOs). Since, traditionally, in Germany, “public interest litigation” was legally impossible, the country had to consider fundamental changes to its system of judicial review. More than 20 years later, the German implementation of Article 9(3) of the Aarhus Convention (ac) has seen several amendments, but is still cause for controversy. Despite Germany’s prolonged efforts to adapt its legislation, there are, currently, two admitted complaints concerning Germany’s system of legal standing of eNGOs waiting for a (final) decision by the ac Compliance Committee, while several cjeu judgments have clarified the much-needed interpretation of Article 9(3) ac particularly also in view of the notion of effective judicial protection. These developments, together with scholarly criticism, indicate a need for further legal change in the German approach.
{"title":"How to Represent the Silent Environment? An Update on Germany’s Struggle to Implement Article 9 (3) of the Aarhus Convention","authors":"Amelie Ohler, M. Peeters, M. Eliantonio","doi":"10.1163/18760104-18040004","DOIUrl":"https://doi.org/10.1163/18760104-18040004","url":null,"abstract":"\u0000With Germany’s signature to the Aarhus Convention in 1998, the country committed to strengthening the legal position of environmental Non-Governmental Organisations (eNGOs). Since, traditionally, in Germany, “public interest litigation” was legally impossible, the country had to consider fundamental changes to its system of judicial review. More than 20 years later, the German implementation of Article 9(3) of the Aarhus Convention (ac) has seen several amendments, but is still cause for controversy. Despite Germany’s prolonged efforts to adapt its legislation, there are, currently, two admitted complaints concerning Germany’s system of legal standing of eNGOs waiting for a (final) decision by the ac Compliance Committee, while several cjeu judgments have clarified the much-needed interpretation of Article 9(3) ac particularly also in view of the notion of effective judicial protection. These developments, together with scholarly criticism, indicate a need for further legal change in the German approach.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49432105","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 : 2021-12-02DOI: 10.1163/18760104-18040007
{"title":"Contents","authors":"","doi":"10.1163/18760104-18040007","DOIUrl":"https://doi.org/10.1163/18760104-18040007","url":null,"abstract":"","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47759605","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 : 2021-12-02DOI: 10.1163/18760104-18040002
L. Squintani
{"title":"Editorial","authors":"L. Squintani","doi":"10.1163/18760104-18040002","DOIUrl":"https://doi.org/10.1163/18760104-18040002","url":null,"abstract":"","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42766395","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 : 2021-12-02DOI: 10.1163/18760104-18040005
L. Krämer
In May 2020, the German constitutional court decided that under certain conditions, a decision by the Court of Justice of the European Union should or could be ignored by a national court, which would have the last word to decide on the compatibility with the EU Treaties of a measure adopted by an EU institution or body. The contribution examines, whether this German decision is compatible with the EU Treaties and concludes that it this is not the case.
{"title":"The EU Battle on the Last Word and the Environment","authors":"L. Krämer","doi":"10.1163/18760104-18040005","DOIUrl":"https://doi.org/10.1163/18760104-18040005","url":null,"abstract":"\u0000In May 2020, the German constitutional court decided that under certain conditions, a decision by the Court of Justice of the European Union should or could be ignored by a national court, which would have the last word to decide on the compatibility with the EU Treaties of a measure adopted by an EU institution or body. The contribution examines, whether this German decision is compatible with the EU Treaties and concludes that it this is not the case.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42860041","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 : 2021-12-02DOI: 10.1163/18760104-18040003
Jonas Voorter, Christof Koolen
The construction sector plays a crucial role in the transition to a circular economy and a more sustainable society. With this objective in mind, Flanders – the Dutch speaking part of Belgium – makes use of a traceability procedure for construction and demolition waste in order to guarantee that value can be derived from downstream waste processing activities. This article takes this traceability procedure as a legal case study and examines if the use of blockchain technology could lead to even stronger supply chains, better data management, and, more generally, a smoother transition to circular practices in the construction sector.
{"title":"The Traceability of Construction and Demolition Waste in Flanders via Blockchain Technology: A Match Made in Heaven?","authors":"Jonas Voorter, Christof Koolen","doi":"10.1163/18760104-18040003","DOIUrl":"https://doi.org/10.1163/18760104-18040003","url":null,"abstract":"\u0000The construction sector plays a crucial role in the transition to a circular economy and a more sustainable society. With this objective in mind, Flanders – the Dutch speaking part of Belgium – makes use of a traceability procedure for construction and demolition waste in order to guarantee that value can be derived from downstream waste processing activities. This article takes this traceability procedure as a legal case study and examines if the use of blockchain technology could lead to even stronger supply chains, better data management, and, more generally, a smoother transition to circular practices in the construction sector.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42925087","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 : 2021-07-26DOI: 10.1163/18760104-18030004
J. Jendrośka
The article provides a concise overview of the origins of modern environmental law in Europe based on general historical studies or the legal studies dealing with the history of environmental law in particular European regions or countries. It presents historical development of the two fundamental branches of environmental law, namely nature conservation and pollution control, first at the medieval times and then as a consequence of Industrial Revolution. The article presents the legal instruments and concepts invented in the past in the light of the instruments and concepts used in the current European legislation. In this context it attempts to show that some of the contemporary concepts and many of currently used legal instruments of environmental policy are not the modern invention and have the roots in some older concepts and instruments invented already long time ago in some national legislations in Europe. In conclusion the article claims that while the global challenges brought about by the climate change require politicians to seek a new, more comprehensive, approach to environmental policy and law – some lessons learned from the past experience may be useful.
{"title":"Roots of Modern Environmental Law in Europe","authors":"J. Jendrośka","doi":"10.1163/18760104-18030004","DOIUrl":"https://doi.org/10.1163/18760104-18030004","url":null,"abstract":"\u0000The article provides a concise overview of the origins of modern environmental law in Europe based on general historical studies or the legal studies dealing with the history of environmental law in particular European regions or countries. It presents historical development of the two fundamental branches of environmental law, namely nature conservation and pollution control, first at the medieval times and then as a consequence of Industrial Revolution. The article presents the legal instruments and concepts invented in the past in the light of the instruments and concepts used in the current European legislation. In this context it attempts to show that some of the contemporary concepts and many of currently used legal instruments of environmental policy are not the modern invention and have the roots in some older concepts and instruments invented already long time ago in some national legislations in Europe. In conclusion the article claims that while the global challenges brought about by the climate change require politicians to seek a new, more comprehensive, approach to environmental policy and law – some lessons learned from the past experience may be useful.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47357399","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 : 2021-07-26DOI: 10.1163/18760104-18030006
Ewa Koniuszewska
Residents of self-governing communities, organized in formalized structures, often express the need to articulate their own interests and views or to have influence over the content of adopted legal solutions. They are ready to get involved in public matters and collaborate with local government units in regulating affairs that are important to a given local or regional community. Without a doubt, the issue of spatial planning and development falls under this category. The legislator obliged competent bodies to safeguard public participation in works on the study of conditions and directions of spatial development of a municipality, a local spatial development plan and a voivodship spatial development plan. The aim of this paper is to analyse the applicable legal solutions as guarantees of public participation in the planning procedure. Moreover, it provides a basis for assessing real possibilities of participation of residents of local government units in the process of passing planning acts and of real influence over their content.
{"title":"Legal Guarantees of Public Participation in Spatial Planning and Development","authors":"Ewa Koniuszewska","doi":"10.1163/18760104-18030006","DOIUrl":"https://doi.org/10.1163/18760104-18030006","url":null,"abstract":"\u0000Residents of self-governing communities, organized in formalized structures, often express the need to articulate their own interests and views or to have influence over the content of adopted legal solutions. They are ready to get involved in public matters and collaborate with local government units in regulating affairs that are important to a given local or regional community. Without a doubt, the issue of spatial planning and development falls under this category. The legislator obliged competent bodies to safeguard public participation in works on the study of conditions and directions of spatial development of a municipality, a local spatial development plan and a voivodship spatial development plan. The aim of this paper is to analyse the applicable legal solutions as guarantees of public participation in the planning procedure. Moreover, it provides a basis for assessing real possibilities of participation of residents of local government units in the process of passing planning acts and of real influence over their content.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47678495","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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