Pub Date : 2021-07-26DOI: 10.1163/18760104-18030008
M. Fermeglia
This section briefly describes the significant political initiatives and acts of legislation in the environmental field adopted in the period from May 2021 until February 2022.
本节简要介绍了2021年5月至2022年2月期间在环境领域通过的重大政治举措和立法行为。
{"title":"Recent Developments in EU Environmental Policy and Legislation","authors":"M. Fermeglia","doi":"10.1163/18760104-18030008","DOIUrl":"https://doi.org/10.1163/18760104-18030008","url":null,"abstract":"\u0000 This section briefly describes the significant political initiatives and acts of legislation in the environmental field adopted in the period from May 2021 until February 2022.","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":"41514588","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: 10.1163/18760104-18030005
Jonas Kyrönviita, D. Langlet, Niko Soininen, Antti Belinskij, Sara Kymenvaara, E. Basse
This article explores how the conflict between the interests of protecting water quality in the coastal waters of the Baltic Sea from nutrient emissions on one hand, and supporting blue growth in the aquaculture sector on the other, has played out in the Nordic legal systems and industry practice. It does so by reviewing the legal and industrial developments in Sweden, Denmark, Finland and the Åland Islands with a focus on interpretation and application of the common EU regulatory framework, mainly the Water Framework Directive and the ecj Weser ruling, and the response from the aquaculture sector. The study shows that the four studied jurisdictions have taken disparate regulatory approaches in balancing ecological status of waters and blue growth. As a consequence of these legal developments, the aquaculture industry faces difficulty in attaining required permits for their operations in all four jurisdictions and significant uncertainty on how to develop the sector to meet the set growth objectives has arisen.
{"title":"Achieving Blue Growth Post-Weser: a Study of Aquaculture Regulation in the Nordic Region","authors":"Jonas Kyrönviita, D. Langlet, Niko Soininen, Antti Belinskij, Sara Kymenvaara, E. Basse","doi":"10.1163/18760104-18030005","DOIUrl":"https://doi.org/10.1163/18760104-18030005","url":null,"abstract":"\u0000This article explores how the conflict between the interests of protecting water quality in the coastal waters of the Baltic Sea from nutrient emissions on one hand, and supporting blue growth in the aquaculture sector on the other, has played out in the Nordic legal systems and industry practice. It does so by reviewing the legal and industrial developments in Sweden, Denmark, Finland and the Åland Islands with a focus on interpretation and application of the common EU regulatory framework, mainly the Water Framework Directive and the ecj Weser ruling, and the response from the aquaculture sector. The study shows that the four studied jurisdictions have taken disparate regulatory approaches in balancing ecological status of waters and blue growth. As a consequence of these legal developments, the aquaculture industry faces difficulty in attaining required permits for their operations in all four jurisdictions and significant uncertainty on how to develop the sector to meet the set growth objectives has arisen.","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":"41957454","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: 10.1163/18760104-18030003
L. Squintani
{"title":"Editorial","authors":"L. Squintani","doi":"10.1163/18760104-18030003","DOIUrl":"https://doi.org/10.1163/18760104-18030003","url":null,"abstract":"","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":"44507923","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 : 2021-05-11DOI: 10.1163/18760104-18030001
A. Suman, A. Toscano
Domestic wastewater reuse in agriculture is often discussed as a way to tackle water scarcity in Europe. Europe could learn from the examples of other countries that are already successfully implementing wastewater reuse, especially in the Mediterranean. However, the potential of the practice is currently unfulfilled mainly due to social and legal barriers, including public resistance and the lack of a unified legislative framework at the European Union (EU) level. In the wake of the new EU Water Reuse Regulation released in June 2020, we wonder how this legislative intervention can foster public acceptance of non-conventional water reuse practices in agriculture. The original contribution of this piece is to provide a novel discussion of the transformations potentially triggered by the new EU Regulation and to suggest an innovative way forward, based on engaging interested users in water quality monitoring (i.e. water citizen science). We combine theoretical and empirical analysis, grounding our findings in an overarching theoretical concept, i.e. the neo-institutionalism theory. We conclude that the main catalysts for stimulating public acceptance can be identified in a unifying legislative tool represented by the recent EU Regulation and in the promotion of participatory water monitoring initiatives, also in line with the spirit of the EU Regulation.
{"title":"Public Acceptance of Water Reuse for Agriculture in the Wake of the New EU Regulation: Early Reflections","authors":"A. Suman, A. Toscano","doi":"10.1163/18760104-18030001","DOIUrl":"https://doi.org/10.1163/18760104-18030001","url":null,"abstract":"\u0000Domestic wastewater reuse in agriculture is often discussed as a way to tackle water scarcity in Europe. Europe could learn from the examples of other countries that are already successfully implementing wastewater reuse, especially in the Mediterranean. However, the potential of the practice is currently unfulfilled mainly due to social and legal barriers, including public resistance and the lack of a unified legislative framework at the European Union (EU) level. In the wake of the new EU Water Reuse Regulation released in June 2020, we wonder how this legislative intervention can foster public acceptance of non-conventional water reuse practices in agriculture. The original contribution of this piece is to provide a novel discussion of the transformations potentially triggered by the new EU Regulation and to suggest an innovative way forward, based on engaging interested users in water quality monitoring (i.e. water citizen science). We combine theoretical and empirical analysis, grounding our findings in an overarching theoretical concept, i.e. the neo-institutionalism theory. We conclude that the main catalysts for stimulating public acceptance can be identified in a unifying legislative tool represented by the recent EU Regulation and in the promotion of participatory water monitoring initiatives, also in line with the spirit of the EU Regulation.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47414688","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 : 2021-02-10DOI: 10.1163/18760104-18010003
A. Suman
‘Citizen sensing’, grassroots-driven environmental monitoring, could revolutionize environmental risk governance and decision-making. Yet, citizen sensing is far from being accepted by governmental authorities. This contribution explores the environmental law doctrine and legislation for a possible legal basis on which the ‘sensing citizens’ could perform their actions. I argue that the practice, by nature, voices the citizen’s claims to have access to (accurate) environmental information. I defend that citizen sensing is a legitimate manifestation of ‘rights in action’ that can enhance the respect of human environmental rights and promote their enforcement. This study demonstrates how, from the Aarhus Convention framework, an obligation for competent authorities to ‘listen’ to the sensing citizens might even be constructed in case of institutional informational gaps and failures.
{"title":"Citizen Sensing from a Legal Standpoint: Legitimizing the Practice under the Aarhus Framework","authors":"A. Suman","doi":"10.1163/18760104-18010003","DOIUrl":"https://doi.org/10.1163/18760104-18010003","url":null,"abstract":"\u0000‘Citizen sensing’, grassroots-driven environmental monitoring, could revolutionize environmental risk governance and decision-making. Yet, citizen sensing is far from being accepted by governmental authorities. This contribution explores the environmental law doctrine and legislation for a possible legal basis on which the ‘sensing citizens’ could perform their actions. I argue that the practice, by nature, voices the citizen’s claims to have access to (accurate) environmental information. I defend that citizen sensing is a legitimate manifestation of ‘rights in action’ that can enhance the respect of human environmental rights and promote their enforcement. This study demonstrates how, from the Aarhus Convention framework, an obligation for competent authorities to ‘listen’ to the sensing citizens might even be constructed in case of institutional informational gaps and failures.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44998928","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 : 2021-02-10DOI: 10.1163/18760104-18010008
K. Böhling, Maria Fernanda Marques Todeschini
From 2021 onwards, forests and forestry will for the first time contribute to the European Union’s climate action targets. The new Land Use, Land Use Change & Forestry (lulucf) Regulation commits Member States to achieve carbon neutrality on the basis of an EU-wide system. The system accounts for carbon sequestered and emitted from forests and other land uses like crop- and wetland. What looks like a significant step in the Union’s climate policy framework, however, leaves the large potential of Europe’s forest sector for climate mitigation untapped. The present article draws this conclusion from a comprehensive analysis of 67 documents related to decision-making on the lulucf Regulation. It reveals coalitional politics and the salience of the Commission’s behavior as key to explain the Regulation’s limited scope and concludes with assessing the future role of forests in the Union’s climate policy framework.
{"title":"The Forest Sector in the 2030 EU Climate Policy Framework: Looking back to Assess Its Future","authors":"K. Böhling, Maria Fernanda Marques Todeschini","doi":"10.1163/18760104-18010008","DOIUrl":"https://doi.org/10.1163/18760104-18010008","url":null,"abstract":"\u0000From 2021 onwards, forests and forestry will for the first time contribute to the European Union’s climate action targets. The new Land Use, Land Use Change & Forestry (lulucf) Regulation commits Member States to achieve carbon neutrality on the basis of an EU-wide system. The system accounts for carbon sequestered and emitted from forests and other land uses like crop- and wetland. What looks like a significant step in the Union’s climate policy framework, however, leaves the large potential of Europe’s forest sector for climate mitigation untapped. The present article draws this conclusion from a comprehensive analysis of 67 documents related to decision-making on the lulucf Regulation. It reveals coalitional politics and the salience of the Commission’s behavior as key to explain the Regulation’s limited scope and concludes with assessing the future role of forests in the Union’s climate policy framework.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46086059","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 : 2021-02-10DOI: 10.1163/18760104-18010010
Ruven Fleming, R. Mauger
The article discusses recent developments concerning the most important European energy and climate law initiative at the moment, the ‘European Green Deal’. Details of the initial ‘European Green Deal’ have been discussed elsewhere in this journal. At its core are two components: the green transition of European societies on the one hand and the question how this may be organized in a just way, on the other hand. The article discusses recent developments concerning these ‘green’and ‘just’aspects and concludes with some critical remarks on the ways in which these ‘green’ and ‘just’ aspects of the ‘European Green Deal’ are being implemented into energy and climate law.
{"title":"Green and Just? An Update on the ‘European Green Deal’","authors":"Ruven Fleming, R. Mauger","doi":"10.1163/18760104-18010010","DOIUrl":"https://doi.org/10.1163/18760104-18010010","url":null,"abstract":"\u0000The article discusses recent developments concerning the most important European energy and climate law initiative at the moment, the ‘European Green Deal’. Details of the initial ‘European Green Deal’ have been discussed elsewhere in this journal. At its core are two components: the green transition of European societies on the one hand and the question how this may be organized in a just way, on the other hand. The article discusses recent developments concerning these ‘green’and ‘just’aspects and concludes with some critical remarks on the ways in which these ‘green’ and ‘just’ aspects of the ‘European Green Deal’ are being implemented into energy and climate law.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45041814","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 : 2021-02-10DOI: 10.1163/18760104-18010004
Vasiliki Karageorgou
The article analyzes the cjeu Judgment in the A. Flausch et al case, which concerns the compatibility of the Greek procedural rules relating to specific aspects of the public participation in the eia context and to a specific aspect of access to justice (time limit) with the respective EU Law provisions in the face of the increasing use of digital technologies in the public participation procedures. This ruling is important, because it sets limits to the procedural autonomy of ms when it comes to the rules that are applied to the eia-related disputes and those that concern the public participation arrangements. It demonstrates, though, the lack of a steady line in the Court’s jurisprudence concerning the standards for assessing the national procedural rules and the role of Article 47 cfr. Moreover, the Court did not lay the ground for an interpretation of the ΕU public participation provisions in a way that an obligation for taking measures could be established, with the aim to ensure equal participation opportunities.
{"title":"The Interrelation between Public Participation and Access to Justice in the eia Context in the Face of the Increasing Use of Digital Technologies: Comment on the cjeu Judgment in the A.Flausch et al Case (C-280/18)","authors":"Vasiliki Karageorgou","doi":"10.1163/18760104-18010004","DOIUrl":"https://doi.org/10.1163/18760104-18010004","url":null,"abstract":"\u0000The article analyzes the cjeu Judgment in the A. Flausch et al case, which concerns the compatibility of the Greek procedural rules relating to specific aspects of the public participation in the eia context and to a specific aspect of access to justice (time limit) with the respective EU Law provisions in the face of the increasing use of digital technologies in the public participation procedures. This ruling is important, because it sets limits to the procedural autonomy of ms when it comes to the rules that are applied to the eia-related disputes and those that concern the public participation arrangements. It demonstrates, though, the lack of a steady line in the Court’s jurisprudence concerning the standards for assessing the national procedural rules and the role of Article 47 cfr. Moreover, the Court did not lay the ground for an interpretation of the ΕU public participation provisions in a way that an obligation for taking measures could be established, with the aim to ensure equal participation opportunities.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41781051","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 : 2021-02-10DOI: 10.1163/18760104-18010009
L. Krämer
The present contribution analyses and demonstrates where the EU – Mercosur Trade Agreement is incomplete with regard to the protection of the environment and where it could usefully be improved. Most importantly, this contribution shows that the sketchy and not complete examination of environmental provisions, which could usefully be part of the EU – Mercosur Agreement, demonstrates that this Agreement is not aiming at sustainable development with regard to the protection of the environment.
{"title":"A Lost Opportunity? The Environment and the EU – Mercosur Trade Agreement","authors":"L. Krämer","doi":"10.1163/18760104-18010009","DOIUrl":"https://doi.org/10.1163/18760104-18010009","url":null,"abstract":"\u0000The present contribution analyses and demonstrates where the EU – Mercosur Trade Agreement is incomplete with regard to the protection of the environment and where it could usefully be improved. Most importantly, this contribution shows that the sketchy and not complete examination of environmental provisions, which could usefully be part of the EU – Mercosur Agreement, demonstrates that this Agreement is not aiming at sustainable development with regard to the protection of the environment.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48613427","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 : 2021-02-10DOI: 10.1163/18760104-18010006
H. Gilissen, E. D. Jong, H. V. Rijswick, A. Wezel
The precautionary and prevention principles require that environmental risks should timely and adequately be regulated before potentially harmful activities are undertaken. The system of administrative environmental law provides ample instruments for such regulation. However, scientific uncertainties about environmental risks could complicate the formulation and implementation of effective environmental risk management strategies. This could lead to systemic imperfections and regulatory gaps which, in turn, undermine the system’s effectiveness and increase the need for regulatory ‘back-ups’. The system of private law is often seen as a potential back-up. In analyzing the complementary effects between both systems and using environmental risks of chemical mining activities in the (deep) subsoil as an example, this article concludes that the actual regulatory effect of tort law should not be overestimated. The complementary role of tort law in regulating environmental risks is mostly limited to the specification and on some occasions enforcement of environmental responsibilities.
{"title":"Towards More Effective Environmental Risk Regulation","authors":"H. Gilissen, E. D. Jong, H. V. Rijswick, A. Wezel","doi":"10.1163/18760104-18010006","DOIUrl":"https://doi.org/10.1163/18760104-18010006","url":null,"abstract":"\u0000The precautionary and prevention principles require that environmental risks should timely and adequately be regulated before potentially harmful activities are undertaken. The system of administrative environmental law provides ample instruments for such regulation. However, scientific uncertainties about environmental risks could complicate the formulation and implementation of effective environmental risk management strategies. This could lead to systemic imperfections and regulatory gaps which, in turn, undermine the system’s effectiveness and increase the need for regulatory ‘back-ups’. The system of private law is often seen as a potential back-up. In analyzing the complementary effects between both systems and using environmental risks of chemical mining activities in the (deep) subsoil as an example, this article concludes that the actual regulatory effect of tort law should not be overestimated. The complementary role of tort law in regulating environmental risks is mostly limited to the specification and on some occasions enforcement of environmental responsibilities.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46981830","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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