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From a Beacon of Hope to a Question Mark: Right to Clean Water and Sanitation across Europe in the Wake of the ECtHR Judgment Hudorovic and Others v. Slovenia 从希望的灯塔到问号:欧洲人权法院Hudorovic等人诉斯洛文尼亚案判决后,欧洲各地享有清洁水和卫生设施的权利
IF 1.2 Q1 LAW Pub Date : 2020-07-10 DOI: 10.1163/18760104-01703007
K. Pouikli
The aim of this paper is to unpack the latest developments on the right to clean water and sanitation through the lens of environmental injustice against Roma ethnic populations. Namely, the Hudorovic and Others v. Slovenia judgment by the ECtHR puts the spotlight on the dynamics of discrimination against Roma communities relating to the access to fundamental environmental goods and services such as adequate sanitation and potable water. More specifically, the main research focus revolves around the question of whether the human-rights protection regime provides for an effective toolbox for the realization of the water- and sanitation-related rights of minorities groups in a country where the right to water is constitutionally recognized. This case fueled a timely debate regarding the right to safe water and proper sanitation across EU, given that the new Drinking Water Directive raises the bar with respect to the obligations on Member States to take measures to ensure that all citizens -and in particular vulnerable and marginalised groups- are connected to the distribution network.
本文件的目的是通过对罗姆族人口的环境不公正现象来揭示清洁水和卫生设施权利方面的最新发展。也就是说,欧洲人权法院对Hudorovic等人诉斯洛文尼亚案的判决突显了在获得基本环境商品和服务(如适当的卫生设施和饮用水)方面对罗姆人社区的歧视动态。更具体地说,主要的研究重点围绕着这样一个问题:在一个宪法承认水权的国家,人权保护制度是否为实现少数群体与水和卫生设施相关的权利提供了一个有效的工具箱。鉴于新的《饮用水指令》提高了成员国采取措施确保所有公民,特别是弱势和边缘化群体,都能接入分销网络的义务,这一案件及时引发了欧盟各地关于安全用水和适当卫生设施权利的辩论。
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引用次数: 0
Could Local Residents Living Close to Wind Turbines Be Compensated for Damage to Their Health and Loss of Value of Their Homes? 居住在风力涡轮机附近的当地居民是否可以获得健康损害和房屋价值损失的赔偿?
IF 1.2 Q1 LAW Pub Date : 2020-07-10 DOI: 10.1163/18760104-01703006
Liz Tigelaar
Sustainability leads to the construction of more wind turbines on land. This installation is governed by rules of public law. Local residents living in the vicinity of wind turbines fear for their health and for the loss of value of their homes. This contribution examines whether and to what extent Dutch liability law offers the possibility to local residents to receive compensation for this damage. The Principles of European Tort Law are also addressed.
可持续发展导致在陆地上建造更多的风力涡轮机。该装置受公法规则管辖。居住在风力涡轮机附近的当地居民担心自己的健康和房屋价值的损失。这一贡献考察了荷兰责任法是否以及在多大程度上为当地居民提供了获得这种损害赔偿的可能性。还讨论了欧洲侵权法原则。
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引用次数: 0
Climate Change Litigation: German Family Farmers and Urgenda – Similar Cases, Differing Judgments 气候变化诉讼:德国家庭农民和Urgenda——相似的案例,不同的判决
IF 1.2 Q1 LAW Pub Date : 2020-07-10 DOI: 10.1163/18760104-01703005
Thomas Schomerus
In the Dutch Urgenda and the German Family Farmers’ cases, the claimants sued the state to reduce greenhouse gas emissions by 2020, according to their national programmes. On the Dutch side, the claimants won in three instances up to the Supreme Court, while they lost at the German Administration Court of Berlin. A main factual difference between the two situations is that in the Netherlands, the Dutch government had, to a certain extent, withdrawn from its initial positions on climate policy. The judgments show that climate change litigation is necessary to gain progress towards a greater understanding of state institution roles in addressing the global threat of climate change, culminating in a better fulfilment of climate change goals.
在荷兰“紧急议程”和德国“家庭农民”案中,原告起诉该州,要求根据各自的国家计划,到2020年减少温室气体排放。在荷兰方面,索赔人在最高法院的三个案件中获胜,而他们在柏林的德国行政法院败诉。这两种情况的一个主要事实区别是,在荷兰,荷兰政府在一定程度上放弃了其在气候政策上的最初立场。这些判决表明,为了更好地理解国家机构在应对气候变化全球威胁方面的作用,最终更好地实现气候变化目标,气候变化诉讼是必要的。
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引用次数: 0
Planning for Climate and the Environment: the EU Green Deal 气候与环境规划:欧盟绿色协议
IF 1.2 Q1 LAW Pub Date : 2020-07-10 DOI: 10.1163/18760104-01703003
L. Krämer
The green deal, a strategy programme by the European Commission, intends to “green” the EU activities and re-orient policies and laws for the years to come, in areas such as climate and energy, agriculture and fisheries, products and services, and trade and foreign policy, the most important announcement being the adoption of an EU climate law which will ensure EU climate neutrality by 2050. This contribution tries to place the different elements of the green deal strategy into their environmental context and also to assess the probability that the proposed measures will be agreed by the European Parliament and by the Council (the Member States’ governments).
绿色协议是欧盟委员会的一项战略计划,旨在“绿色”欧盟的活动,并在气候和能源、农业和渔业、产品和服务、贸易和外交政策等领域重新定位政策和法律,最重要的声明是通过欧盟气候法,确保欧盟到2050年实现气候中立。这篇文章试图将绿色交易战略的不同要素置于其环境背景下,并评估拟议措施获得欧洲议会和理事会(成员国政府)同意的可能性。
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引用次数: 15
The Decentralised Enforcement of the Provisions on Measurement and Assessment of Air Quality under Directive 2008/50/EC 2008/50/EC指令下空气质量测量和评估规定的分散执行
IF 1.2 Q1 LAW Pub Date : 2020-04-12 DOI: 10.1163/18760104-01702007
Kendro Pedrosa
In the Craeynest case, the Court of Justice interpreted some of the core provisions of the Air Quality Directive 2008/50 in a preliminary ruling. Firstly, the court ruled that national courts may review the siting of sampling points. This manuscript pays special attention to the minimum standard of review that national judges must perform and considers to what extent the Court of Justice departs from its established case law. Secondly, the Court considered that, for an exceedance of a limit value within a zone to exist, it suffices that a pollution level higher than that value is measured at a single sampling point. Thus, the results of all sampling points within a zone must not be averaged. The ruling can be considered as a landmark judgment, as it strengthens the role of citizens, engo’s and national courts in the decentral enforcement of the Air Quality Directive.
在克雷内斯案中,法院在初步裁决中解释了《2008/50号空气质量指令》的一些核心条款。首先,法院裁定,国家法院可以审查采样点的选址。这份手稿特别关注国家法官必须执行的最低审查标准,并考虑到法院在多大程度上偏离了其既定判例法。第二,法院认为,要想在一个区域内存在超过限值的情况,只需在一个采样点测量高于该限值的污染水平就足够了。因此,一个区域内所有采样点的结果不得取平均值。该裁决可以被视为一项具有里程碑意义的判决,因为它加强了公民、英国政府和国家法院在《空气质量指令》的分散执行中的作用。
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引用次数: 0
EU Action Plan against Wildlife Trafficking – Recent Belgian Criminal Cases 欧盟打击野生动物贩运行动计划——比利时最近的刑事案件
IF 1.2 Q1 LAW Pub Date : 2020-04-12 DOI: 10.1163/18760104-01702004
Farah Bouquelle, L. Lavrysen
The article introduces international, European and Belgian legislation on trade in endangered species of wild animals and plants and discusses the EU Action Plan against Wildlife Trafficking. Notably, this contribution provides empirical insights in the functioning of the Belgian system for enforcement of wildlife trafficking regulations and provides a first set of empirical data on the effectiveness of criminal charges in this field of EU environmental law. To this extent, the four reviewed Belgian judgments are examples of effective criminal sanctioning of wildlife crime. They also show that wildlife crime is hot and organised, and that Belgium is both a final destination market for live birds and reptiles and a transit point for trafficking of ivory and sea horses to other continents, such as Asia. To meet the targets of the EU Action Plan against Wildlife Trafficking, the fight against wild life trafficking should be stepped up. As regards Belgium, this manuscript highlights that the federal state and the three regions should better coordinate their CITES policy and legislation. In view of the increase of CITES-cases, the training and capacity of the inspection, customs and police services should be strengthened further. More frequent controls at the airports and ports would increase the chance of being caught. The environmental unit of the federal police should be reinforced. Moreover, a federal CITES public prosecutor could be appointed for serious CITES cases in which there are links with terrorism and organised crime. More research capacity and international cooperation would allow to tackle not only the couriers, but the principals and addressees in the countries of origin and destination. Finally, the assignment of CITES cases to specialised sections of the courts would contribute to more efficiency and better continuity in the interpretation and enforcement of CITES regulations.
文章介绍了国际、欧洲和比利时关于濒危野生动植物贸易的立法,并讨论了欧盟打击野生动物贩运行动计划。值得注意的是,这一贡献为比利时野生动物贩运法规执行系统的运作提供了经验见解,并提供了关于欧盟环境法这一领域刑事指控有效性的第一组经验数据。从这个意义上说,经过审查的比利时四项判决是对野生动物犯罪进行有效刑事制裁的例子。它们还表明,野生动物犯罪是热点和有组织的,比利时既是活鸟类和爬行动物的最终目的地市场,也是向亚洲等其他大陆贩运象牙和海马的中转站。为了实现《欧盟打击野生动物贩运行动计划》的目标,应加大打击野生动物贩卖的力度。关于比利时,这份手稿强调,联邦州和三个地区应该更好地协调其CITES政策和立法。鉴于《濒危物种公约》案件的增加,应进一步加强检查、海关和警察部门的培训和能力。机场和港口更频繁的管制会增加被抓住的机会。联邦警察的环保部门应该得到加强。此外,对于与恐怖主义和有组织犯罪有关的严重CITES案件,可以任命一名联邦CITES检察官。更多的研究能力和国际合作不仅可以解决快递员的问题,还可以解决原籍国和目的地国的负责人和收件人的问题。最后,将《濒危野生动植物种国际贸易公约》的案件分配给法院的专门部门,将有助于提高解释和执行《濒危野生动物种国际贸易条约》条例的效率和更好的连续性。
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引用次数: 9
Environmental Reporting by the EU Member States and the Commission – Current Practices, Legislative Action and a Way Forward 欧盟成员国和欧盟委员会的环境报告——当前做法、立法行动和前进道路
IF 1.2 Q1 LAW Pub Date : 2020-04-12 DOI: 10.1163/18760104-01702005
Anna Vanhellemont
Literature on environmental reporting by Member States and the Commission is scarce. Furthermore, the way in which environmental reporting is construed in EU legislation and takes place in practice in the Member States, has only recently been subject to a comprehensive review. Following the 2017 Fitness Check of environmental reporting and subsequent action plan, on which a progress report was published in June 2019, it is high time to look at the state of environmental reporting in the EU. This article looks into several provisions and practices of environmental reporting from the perspective of legal certainty, transparency and, more specifically, access to environmental information. Environmental monitoring and reporting are essential to ensure proper implementation of and compliance with EU environmental legislation. However, discrepancies in legislation and issues in reporting practices can be noted. The Commission has taken several initiatives to streamline and improve environmental reporting, the most significant example being the adoption of Regulation 2019/1010 to align the reporting obligations in the field of environmental policy. Nevertheless, it seems there is still room for improvement. The article concludes with a look into the future of environmental reporting requirements, asking the question what more can be done.
关于会员国和委员会环境报告的文献很少。此外,欧盟立法和成员国实践中对环境报告的解释方式,直到最近才受到全面审查。继2017年环境报告适应性检查和随后的行动计划之后,2019年6月发布了一份进展报告,现在是审视欧盟环境报告状况的时候了。本条从法律确定性、透明度,更具体地说,从获取环境信息的角度,探讨了环境报告的若干规定和做法。环境监测和报告对于确保适当执行和遵守欧盟环境立法至关重要。然而,可以注意到立法方面的差异和报告做法方面的问题。委员会采取了几项举措来简化和改进环境报告,最重要的例子是通过了第2019/1010号条例,以调整环境政策领域的报告义务。尽管如此,似乎仍有改进的余地。文章最后展望了环境报告要求的未来,提出了还可以做些什么的问题。
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引用次数: 0
cop 25: Losing Sight of (Raising) Ambition 警察25:忘记了(提高了)野心
IF 1.2 Q1 LAW Pub Date : 2020-04-12 DOI: 10.1163/18760104-01702003
C. Streck, M. Unger, S. Greiner
The 25th session of the Conference of the Parties (cop-25) of the United Nations Framework Convention on Climate Change (unfccc) became the longest cop on record – but yielded few results. It appears that four years after the adoption of the Paris Agreement, enthusiasm has waned and political bargaining and bean-counting have taken over. Countries, for even the slightest chance to keep temperatures ‘well below’ 2 degrees Celsius, must do much more than they have previously committed to and accelerate the shift towards a zero-carbon economy. However, the conference largely failed to heed the rallying cry of the Chilean presidency. The flagship decisions (grouped under the banner “Chile-Madrid Time for Action”) neither produced new commitments – enhancing ambition or finance for developing countries – nor new rules that would nudge countries closer to the climate action targets needed. The leftover pieces from last year’s negotiations of the “Paris Rulebook” were also not resolved, in particular the unfinished decisions on Article 6 on market- and non-market mechanisms. The procrastination shows that the new architecture of the Paris Agreement, while addressing several of the shortcomings of the Kyoto Protocol, suffers from its own weaknesses. The meager results of Madrid give reason to pause and reflect on the conditions that may hold countries back from fully embracing the Paris Agreement, but also to consider the future and nature of carbon markets and what is making the issue so difficult to resolve.
《联合国气候变化框架公约》第25届缔约方大会(cop-25)成为有记录以来时间最长的缔约方大会,但收效甚微。《巴黎协定》通过四年后,人们的热情似乎有所减弱,政治谈判和计票工作取而代之。即使是最微小的机会将气温保持在“远低于”2摄氏度的国家,也必须比以前承诺的做得更多,并加快向零碳经济的转变。然而,会议基本上没有听从智利总统的号召。旗舰决定(以“智利-马德里行动时间”为标题)既没有产生新的承诺——提高发展中国家的雄心或资金——也没有制定新的规则,推动各国更接近所需的气候行动目标。去年《巴黎规则手册》谈判遗留下来的部分也没有得到解决,特别是关于市场和非市场机制的第6条的未完成决定。拖延表明,《巴黎协定》的新架构在解决《京都议定书》的几个缺点的同时,也存在自身的弱点。马德里会议的微弱结果让我们有理由停下来思考可能阻碍各国全面接受《巴黎协定》的条件,但也要考虑碳市场的未来和性质,以及是什么让这个问题如此难以解决。
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引用次数: 2
Addressing the (Lack of) Effectiveness of Environmental Law and the Gap between Law in the Books and Law in Action 解决环境法的(缺乏)有效性以及成文法与行动法之间的差距
IF 1.2 Q1 LAW Pub Date : 2020-04-12 DOI: 10.1163/18760104-01702002
L. Squintani
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引用次数: 0
The Last Say? Comment on cjeus Judgement in the Tapiola Case (C-674/17) 说了算?对Tapiola案(C-674/17)中cjeus判决的评论
IF 1.2 Q1 LAW Pub Date : 2020-01-25 DOI: 10.1163/18760104-01701009
Jan Darpö
This article is a comment to the judgement from October last year by the European Court of Justice’s in the Tapiola case (C-674/17). It can be seen as a follow-up to what I wrote about the Advocate General Henrik Øe’s opinion in the case, which was published in last issue of this journal (J. Darpö, Anything goes, jeepl 2019(3) 305–318). The case concerns a request for a preliminary ruling from the Finnish Supreme Administrative Court about the possibilities open under Article 16(1)(e) of the Habitats Directive (92/43) to perform license hunts on a strictly protected species listed under Annex iv to that Directive, namely the wolf (Canis lupus). This comment first describes the main points in the findings of the cjeu. Thereafter, a discussion follows focusing on three issues. The first concerns the relationship between Article 16(1)(e) of the Habitats Directive and the other derogation grounds in that provision from the strict protection of species. The next issue deals with the relationship between Annex iv and Annex V species, an issue linked to the assessment of the conservation status. The final question relates to how this conservation status is decided concerning species which roam over vast territories, not bothering about administrative restrictions such as national boarders or international obligations. At the end, I will make some concluding remarks about the wider implications of the judgement for the species protection under the Habitats Directive and the Birds Directive (2009/147).
本文是对欧洲法院去年10月对Tapiola案(C-674/17)的判决的评论。这可以被视为我写的关于检察长Henrikæe对此案的意见的后续,该意见发表在本杂志的最后一期(J.Darpö,Anything go,Jepel 2019(3)305-318)。本案涉及芬兰最高行政法院就《栖息地指令》(92/43)第16(1)(e)条规定的对该指令附件四所列严格保护物种狼(Canis lupus)进行许可证狩猎的可能性作出初步裁决的请求。这篇评论首先描述了cjeu研究结果的要点。此后,重点讨论了三个问题。第一个问题涉及《栖息地指令》第16(1)(e)条与该条款中关于严格保护物种的其他减损理由之间的关系。下一期讨论附件四和附件五物种之间的关系,这是一个与保护状况评估有关的问题。最后一个问题涉及如何决定在广阔领土上漫游的物种的保护地位,而不考虑国家边界或国际义务等行政限制。最后,我将就《栖息地指令》和《鸟类指令》(2009/147)对物种保护的更广泛影响发表一些结论性意见。
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引用次数: 1
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Journal for European Environmental & Planning Law
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