Pub Date : 2019-03-27DOI: 10.1163/18760104-01601002
K. Pouikli
Noise constitutes an unwanted by-product of the use of transport infrastructure and various other social and economic activities, especially in dense urbanized territories, affecting citizens’ health, sleep regime, social behavior and psychological comfort as well as the environment. The Directive 2002/49/ec on the assessment and management of environmental noise (end) sets the legislative background for the prevention of environmental noise and the reduction of its harmful effects on humans putting Member States (ms) in the driving-seat when shaping and implementing noise rules. However, although it was the first comprehensive effort aspiring to carve out a coherent eu-wide noise policy, its fragmented and problematic implementation raises crucial questions about its effectiveness. To this end, except from the end enforcement at national level, emphasis will be given to the noise protective regime emerging from echr and the ECtHR case law as well as to the most recent developments in the field, such as the “smart city” mechanisms for improving acoustic well-being in urban living spaces and the Dutch concept of “environmental distribution policy”.
{"title":"Noise Pollution in Europe: Unpacking a Worryingly “Quiet” Regulatory and Policy Issue","authors":"K. Pouikli","doi":"10.1163/18760104-01601002","DOIUrl":"https://doi.org/10.1163/18760104-01601002","url":null,"abstract":"Noise constitutes an unwanted by-product of the use of transport infrastructure and various other social and economic activities, especially in dense urbanized territories, affecting citizens’ health, sleep regime, social behavior and psychological comfort as well as the environment. The Directive 2002/49/ec on the assessment and management of environmental noise (end) sets the legislative background for the prevention of environmental noise and the reduction of its harmful effects on humans putting Member States (ms) in the driving-seat when shaping and implementing noise rules. However, although it was the first comprehensive effort aspiring to carve out a coherent eu-wide noise policy, its fragmented and problematic implementation raises crucial questions about its effectiveness. To this end, except from the end enforcement at national level, emphasis will be given to the noise protective regime emerging from echr and the ECtHR case law as well as to the most recent developments in the field, such as the “smart city” mechanisms for improving acoustic well-being in urban living spaces and the Dutch concept of “environmental distribution policy”.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2019-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01601002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48440551","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 : 2019-03-27DOI: 10.1163/18760104-01601003
L. Krämer
This paper discusses, if and how the challenges of climate change could be brought in a case before the Court of Justice of the European Union. It concentrates on the admissibility of such a case and finds in the European Charter of Fundamental Rights the lever to overcome the obstacles which Article 263 tfeu places in front of members of the civil society. It discusses successively the questions of the Union act which might be tackled, the questions whether individual persons are directly and whether they are individually concerned by climate change decisions; and it ends with a short concluding remark.
{"title":"Climate Change, Human Rights and Access to Justice","authors":"L. Krämer","doi":"10.1163/18760104-01601003","DOIUrl":"https://doi.org/10.1163/18760104-01601003","url":null,"abstract":"This paper discusses, if and how the challenges of climate change could be brought in a case before the Court of Justice of the European Union. It concentrates on the admissibility of such a case and finds in the European Charter of Fundamental Rights the lever to overcome the obstacles which Article 263 tfeu places in front of members of the civil society. It discusses successively the questions of the Union act which might be tackled, the questions whether individual persons are directly and whether they are individually concerned by climate change decisions; and it ends with a short concluding remark.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2019-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01601003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43662588","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 : 2019-03-27DOI: 10.1163/18760104-01601004
Julien Bétaille
The advent of Rights of Nature (RoN) marks a new paradigm shift in the philosophical approach to nature. As such, the concept has generated enthusiasm amongst environmentalists and legal scholars. This is not surprising since granting legal personhood to nature seems to present itself as a relative easy fix for the multitude of deficiencies of “modern” environmental law. However, when critically assessed, many of the underlying assumptions justifying a shift towards rights-based approaches to nature are open to challenge. In this paper, which takes a more critical stance on the topic of RoN, it is submitted that also the much-criticized modern environmental law is moving towards a recognition of the intrinsic value of nature, puts breaks on property rights, offers remediation actions for pure ecological damage and also increasingly grants environmental ngos wide access to courts. Moreover, on a second level, it is argued that RoN are not a legal revolution and that many of the problems Rights of Nature tries to cure – such as a lack of enforcement – will simply re-emerge if not adequately assessed within this novel paradigm.
{"title":"Rights of Nature: Why it Might Not Save the Entire World","authors":"Julien Bétaille","doi":"10.1163/18760104-01601004","DOIUrl":"https://doi.org/10.1163/18760104-01601004","url":null,"abstract":"The advent of Rights of Nature (RoN) marks a new paradigm shift in the philosophical approach to nature. As such, the concept has generated enthusiasm amongst environmentalists and legal scholars. This is not surprising since granting legal personhood to nature seems to present itself as a relative easy fix for the multitude of deficiencies of “modern” environmental law. However, when critically assessed, many of the underlying assumptions justifying a shift towards rights-based approaches to nature are open to challenge. In this paper, which takes a more critical stance on the topic of RoN, it is submitted that also the much-criticized modern environmental law is moving towards a recognition of the intrinsic value of nature, puts breaks on property rights, offers remediation actions for pure ecological damage and also increasingly grants environmental ngos wide access to courts. Moreover, on a second level, it is argued that RoN are not a legal revolution and that many of the problems Rights of Nature tries to cure – such as a lack of enforcement – will simply re-emerge if not adequately assessed within this novel paradigm.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2019-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01601004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48243705","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 : 2019-03-27DOI: 10.1163/18760104-01601005
Hendrik Schoukens
{"title":"Granting Legal Personhood to Nature in the European Union: Contemplating a Legal (R)evolution to Avoid an Ecological Collapse? (Part ii)","authors":"Hendrik Schoukens","doi":"10.1163/18760104-01601005","DOIUrl":"https://doi.org/10.1163/18760104-01601005","url":null,"abstract":"","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2019-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01601005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47824890","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 : 2018-08-27DOI: 10.1163/18760104-01502001
{"title":"Contributors","authors":"","doi":"10.1163/18760104-01502001","DOIUrl":"https://doi.org/10.1163/18760104-01502001","url":null,"abstract":"","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2018-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01502001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43355356","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 : 2018-08-27DOI: 10.1163/18760104-01502008
L. Krämer
{"title":"International miljoeret. Fra rammerne til reglerne, written by Veit Koester","authors":"L. Krämer","doi":"10.1163/18760104-01502008","DOIUrl":"https://doi.org/10.1163/18760104-01502008","url":null,"abstract":"","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2018-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01502008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42715341","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 : 2018-08-27DOI: 10.1163/18760104-01502007
L. Krämer
{"title":"Injunctive Relief in Environmental Matters","authors":"L. Krämer","doi":"10.1163/18760104-01502007","DOIUrl":"https://doi.org/10.1163/18760104-01502007","url":null,"abstract":"","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2018-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01502007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41351202","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 : 2018-08-27DOI: 10.1163/18760104-01502003
L. Squintani, Dionne Annink
The need to ensure a uniform interpretation and effective application of the large corpus of EU environmental regulation in the jurisdictions of the Member States remains a task of pivotal importance for the Court of Justice of the European Union (CJEU). A quick look at the CURIA database reveals that many judgments are handed down every year to clarify the meaning of EU environmental provisions. It is therefore important to study the proper functioning of the tandem composed of the CJEU and the national courts in this field of EU law. In that sense, this article responds to Bogojević’s call ‘to draw a grander map of judicial dialogues initiated across various Member States’. More specifically, the topic investigated by this article is how Dutch courts have followed up on responses received from the CJEU to their preliminary reference requests in the field of EU environmental law, until January 2017. Almost all the cases we have retrieved from the Netherlands show various degrees of willingness to cooperate with the CJEU. This article highlights the existence of three trends: full cooperation, gapped cooperation and withdrawn cooperation.
{"title":"Judicial Cooperation in Environmental Matters: Mapping National Courts’ Behaviour in Follow-up Cases","authors":"L. Squintani, Dionne Annink","doi":"10.1163/18760104-01502003","DOIUrl":"https://doi.org/10.1163/18760104-01502003","url":null,"abstract":"The need to ensure a uniform interpretation and effective application of the large corpus of EU environmental regulation in the jurisdictions of the Member States remains a task of pivotal importance for the Court of Justice of the European Union (CJEU). A quick look at the \u0000CURIA\u0000 database reveals that many judgments are handed down every year to clarify the meaning of EU environmental provisions. It is therefore important to study the proper functioning of the tandem composed of the CJEU and the national courts in this field of EU law. In that sense, this article responds to Bogojević’s call ‘to draw a grander map of judicial dialogues initiated across various Member States’. More specifically, the topic investigated by this article is how Dutch courts have followed up on responses received from the CJEU to their preliminary reference requests in the field of EU environmental law, until January 2017. Almost all the cases we have retrieved from the Netherlands show various degrees of willingness to cooperate with the CJEU. This article highlights the existence of three trends: full cooperation, gapped cooperation and withdrawn cooperation.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2018-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01502003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47101663","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 : 2018-08-27DOI: 10.1163/18760104-01502004
Hendrik Schoukens
The concept of adaptive management is generally defined as a flexible decision-making process that can be adjusted in the face of uncertainties as outcomes of management actions and other events become better understood. These experimental management strategies, which may grant permit agencies more discretion to authorise economic developments, have become increasingly popular as tools to overcome deadlock scenarios in the context of the EU Nature Directives. One notable application is the Dutch Programmatic Approach to Nitrogen (Programma Aanpak Stikstof – PAS ), which puts forward a more reconciliatory and integrated approach towards permitting additional nitrogen emissions in the vicinity of Natura 2000 sites. The purpose of this paper is to use the Dutch PAS as a benchmark to explore the margins available within the EU Nature Directives to implement more flexible adaptive management strategies. This paper argues that the Dutch PAS, especially taking into account the immediate trade-off that is provided between future restoration actions and ongoing harmful effects, appears to stand at odds with the substantive underpinning of the EU Nature Directives. As a result, its concrete application might be stalled through legal actions which advocate for a more restrictive approach to the authorization of additional impacts on vulnerable EU protected nature. It therefore remains highly doubtful whether the Dutch PAS is to be presented as a textbook example of a genuine sustainable management strategy within the context of EU environmental law.
{"title":"The Quest for the Holy Grail and the Dutch Integrated Approach to Nitrogen: How to Align Adaptive Management Strategies with the EU Nature Directives?","authors":"Hendrik Schoukens","doi":"10.1163/18760104-01502004","DOIUrl":"https://doi.org/10.1163/18760104-01502004","url":null,"abstract":"The concept of adaptive management is generally defined as a flexible decision-making process that can be adjusted in the face of uncertainties as outcomes of management actions and other events become better understood. These experimental management strategies, which may grant permit agencies more discretion to authorise economic developments, have become increasingly popular as tools to overcome deadlock scenarios in the context of the EU Nature Directives. One notable application is the Dutch Programmatic Approach to Nitrogen (Programma Aanpak Stikstof – PAS\u0000), which puts forward a more reconciliatory and integrated approach towards permitting additional nitrogen emissions in the vicinity of Natura 2000 sites. The purpose of this paper is to use the Dutch PAS as a benchmark to explore the margins available within the EU Nature Directives to implement more flexible adaptive management strategies. This paper argues that the Dutch PAS, especially taking into account the immediate trade-off that is provided between future restoration actions and ongoing harmful effects, appears to stand at odds with the substantive underpinning of the EU Nature Directives. As a result, its concrete application might be stalled through legal actions which advocate for a more restrictive approach to the authorization of additional impacts on vulnerable EU protected nature. It therefore remains highly doubtful whether the Dutch PAS is to be presented as a textbook example of a genuine sustainable management strategy within the context of EU environmental law.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2018-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01502004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43210026","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 : 2018-04-06DOI: 10.1163/18760104-01501003
L. Krämer
Directive 2013/89 introduces the obligation for Member States to draw up and implement maritime spatial plans. According to the 19 th recital of the Directive the main purpose of maritime spatial planning is to promote sustainable development and to identify the utilization of maritime space for different sea uses as well as to manage spatial uses and conflicts in marine areas. The following contribution analyses the genesis and main instruments of the Directive and it concludes that Directive will probably fail to achieve this objective.
{"title":"The eu Directive 2014/89 Establishing a Framework for Maritime Spatial Planning","authors":"L. Krämer","doi":"10.1163/18760104-01501003","DOIUrl":"https://doi.org/10.1163/18760104-01501003","url":null,"abstract":"Directive 2013/89 introduces the obligation for Member States to draw up and implement maritime spatial plans. According to the 19 th recital of the Directive the main purpose of maritime spatial planning is to promote sustainable development and to identify the utilization of maritime space for different sea uses as well as to manage spatial uses and conflicts in marine areas. The following contribution analyses the genesis and main instruments of the Directive and it concludes that Directive will probably fail to achieve this objective.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2018-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01501003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47496560","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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