Pub Date : 2018-04-06DOI: 10.1163/18760104-01501007
L. Krämer
{"title":"480.000 Dead per Year are Enough: The cjeu Opens a New Way to Better Enforce Air Quality Laws: Commentary on the cjeu Judgment in C-488/15, Commission v. Bulgaria, Judgment of 5 April 2017, ecli:eu:c:2017:267","authors":"L. Krämer","doi":"10.1163/18760104-01501007","DOIUrl":"https://doi.org/10.1163/18760104-01501007","url":null,"abstract":"","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/10.1163/18760104-01501007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48656886","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: 10.1163/18760104-01501004
M. Stoczkiewicz
This article presents the development of the climate policy of the European Union ( EU ) which is analysed in terms of the legal measures adopted to implement it. The main goal of the study is to verify the thesis that the EU climate policy which is expressed in EU law is part of the EU policy in the field of environmental protection. In order to verify this thesis, the study presents and analyses the major acts of the secondary legislation of the EU in the field of the climate. The study considers, in particular, the objectives of these acts, their Treaty bases and the main principles on which they are based.
{"title":"The Climate Policy of the European Union from the Framework Convention to the Paris Agreement","authors":"M. Stoczkiewicz","doi":"10.1163/18760104-01501004","DOIUrl":"https://doi.org/10.1163/18760104-01501004","url":null,"abstract":"This article presents the development of the climate policy of the European Union ( EU ) which is analysed in terms of the legal measures adopted to implement it. The main goal of the study is to verify the thesis that the EU climate policy which is expressed in EU law is part of the EU policy in the field of environmental protection. In order to verify this thesis, the study presents and analyses the major acts of the secondary legislation of the EU in the field of the climate. The study considers, in particular, the objectives of these acts, their Treaty bases and the main principles on which they are based.","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/10.1163/18760104-01501004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43270901","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: 10.1163/18760104-01501005
Achim Willand, G. Buchholz
The article discusses the scope of the environmental risk assessment of genetically modified organisms ( GMO ). As environmental risks of the combination of GMO and herbicide application are not assessed on a case-by-case basis in the authorisation procedure of a plant protection product, the environmental risk assessment of GMO has to take account of the risks arising from herbicides against which the GM plants are engineered to be tolerant. As regards the scope of the environmental risk assessment of GMO s, the Commission now moves in legislative ‘grey areas’. In 2017 the Commission has drafted a Directive to adapt the Annexes to Directive 2001/18/ EC . Concerning the scope of the environmental risk assessment, the authors wish to highlight that the Commission is not empowered to answer questions of interpretation – be it even by a recital – as they do not fall within the scope of its regulatory powers (here: technical adaptations).
{"title":"Environmental Risk Assessment of gmo – Notes on a Draft Commission Directive to Adapt Directive 2001/18/ec","authors":"Achim Willand, G. Buchholz","doi":"10.1163/18760104-01501005","DOIUrl":"https://doi.org/10.1163/18760104-01501005","url":null,"abstract":"The article discusses the scope of the environmental risk assessment of genetically modified organisms ( GMO ). As environmental risks of the combination of GMO and herbicide application are not assessed on a case-by-case basis in the authorisation procedure of a plant protection product, the environmental risk assessment of GMO has to take account of the risks arising from herbicides against which the GM plants are engineered to be tolerant. As regards the scope of the environmental risk assessment of GMO s, the Commission now moves in legislative ‘grey areas’. In 2017 the Commission has drafted a Directive to adapt the Annexes to Directive 2001/18/ EC . Concerning the scope of the environmental risk assessment, the authors wish to highlight that the Commission is not empowered to answer questions of interpretation – be it even by a recital – as they do not fall within the scope of its regulatory powers (here: technical adaptations).","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/10.1163/18760104-01501005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46375728","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: 10.1163/18760104-01501002
Jasmin Raith
This article aims to shed light on the newly proposed initiative to negotiate a ‘Global Pact for the Environment’. After an overview of the Pact, the article discusses the main provisions of the current draft of the Pact, such as the right to live in an ecologically sound environment, the codification of existing environmental principles and the introduction of new principles. The article examines the relationship between the Pact and existing multilateral environmental agreements and institutions and comes to the conclusion that the stated intention for the Pact to serve as a ‘legal umbrella’ for the existing multilateral environmental treaties raises both political as well as legal questions. Furthermore, the Pact possesses only limited potential to strengthen international environmental law. Nonetheless, the initiative has the potential to trigger reforms in international environmental law by putting the protection of the environment at the top of the global agenda.
{"title":"The ‘Global Pact for the Environment’ – A New Instrument to Protect the Planet?","authors":"Jasmin Raith","doi":"10.1163/18760104-01501002","DOIUrl":"https://doi.org/10.1163/18760104-01501002","url":null,"abstract":"This article aims to shed light on the newly proposed initiative to negotiate a ‘Global Pact for the Environment’. After an overview of the Pact, the article discusses the main provisions of the current draft of the Pact, such as the right to live in an ecologically sound environment, the codification of existing environmental principles and the introduction of new principles. The article examines the relationship between the Pact and existing multilateral environmental agreements and institutions and comes to the conclusion that the stated intention for the Pact to serve as a ‘legal umbrella’ for the existing multilateral environmental treaties raises both political as well as legal questions. Furthermore, the Pact possesses only limited potential to strengthen international environmental law. Nonetheless, the initiative has the potential to trigger reforms in international environmental law by putting the protection of the environment at the top of the global agenda.","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/10.1163/18760104-01501002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48962648","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 : 2018-01-31DOI: 10.1163/18760104-01503003
L. Squintani
“The Appeal Court confirms the judgment of the The Hague Tribunal of 24 June 2015.” With these words on 9 October 2018 – the day before sustainability day – the The Hague Appeal Court closed the second, and probably not last, chapter in the renown Urgenda case (ecli:nl:ghdha:2018:2591). The Dutch State must reduce its greenhouse gas emissions to a greater extent than envisaged under its current plans. It does not bear further explanation that this judgment was welcomed as a success by the Urgenda association, other environmental associations, environmentalists and concerned citizens alike. The first commentaries of Dutch scholars have already appeared on national newspapers and internet sites, with commentaries in legal journals following soon. Lucas Bergkamp, Marcel Crok, Jaap Hanekamp & Roel Pieterma, and Ludwig Krämer have been entrusted with the task to open an in depth discussion on this judgment in the next volume of this journal. Acordingly, I would like to make immediately clear that I do not want to judge the Urgenda ruling from a substantive perspective. As for most land mark cases, it can surely be both praised and criticized. In this opinion, I want to underline a personal concern that I have with the use of tort law to protect the environment which emerges when we place the Urgenda case in a broader perspective. The words of Marleen van Rijswick during her keynote at the 6th eelf Conference in Como, Italy (available at eelf.info), keep echoing in my mind. She rightly warned the audience that the Urgenda case is actually a symptom of problem, not a solution. It highlights the failure of the Dutch State to take climate change seriously. After hearing these words, my mind immediately made
{"title":"Tort-Law based Environmental Litigation: a Victory or a Warning?","authors":"L. Squintani","doi":"10.1163/18760104-01503003","DOIUrl":"https://doi.org/10.1163/18760104-01503003","url":null,"abstract":"“The Appeal Court confirms the judgment of the The Hague Tribunal of 24 June 2015.” With these words on 9 October 2018 – the day before sustainability day – the The Hague Appeal Court closed the second, and probably not last, chapter in the renown Urgenda case (ecli:nl:ghdha:2018:2591). The Dutch State must reduce its greenhouse gas emissions to a greater extent than envisaged under its current plans. It does not bear further explanation that this judgment was welcomed as a success by the Urgenda association, other environmental associations, environmentalists and concerned citizens alike. The first commentaries of Dutch scholars have already appeared on national newspapers and internet sites, with commentaries in legal journals following soon. Lucas Bergkamp, Marcel Crok, Jaap Hanekamp & Roel Pieterma, and Ludwig Krämer have been entrusted with the task to open an in depth discussion on this judgment in the next volume of this journal. Acordingly, I would like to make immediately clear that I do not want to judge the Urgenda ruling from a substantive perspective. As for most land mark cases, it can surely be both praised and criticized. In this opinion, I want to underline a personal concern that I have with the use of tort law to protect the environment which emerges when we place the Urgenda case in a broader perspective. The words of Marleen van Rijswick during her keynote at the 6th eelf Conference in Como, Italy (available at eelf.info), keep echoing in my mind. She rightly warned the audience that the Urgenda case is actually a symptom of problem, not a solution. It highlights the failure of the Dutch State to take climate change seriously. After hearing these words, my mind immediately made","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2018-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01503003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42760516","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 : 2018-01-31DOI: 10.1163/18760104-01503004
Katarina Hovden
{"title":"The Best Is Not Good Enough: Ecological (Il)literacy and the Rights of Nature in the European Union","authors":"Katarina Hovden","doi":"10.1163/18760104-01503004","DOIUrl":"https://doi.org/10.1163/18760104-01503004","url":null,"abstract":"","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2018-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01503004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46232512","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 : 2017-12-06DOI: 10.1163/18760104-01403004
S. Hees
This article discusses two legal issues that relate to the conflict between the interest of protecting water quality under the Water Framework Directive (WFD), versus the interest of promoting the use of innovative water-related renewable energy, with regard to the quota in the Renewable Energy Directive. These legal issues are: first, the conflict between the provisions of the WFD and the Renewable Energy Directive as expressed by the no-deterioration obligation, and second, the lack of integration between the Renewable Energy Directive and the derogation clause of the Water Framework Directive. Tidal energy and salinity gradient energy (blue energy) are used as a case study to show the practical relevance of the legal issues for innovative water-related renewable energy techniques. The final section discusses solutions to the legal issues. These are first, the application of adaptive management in combination with phased deployment in order to deal with uncertainty, and second, the introduction of detailed renewable energy plans per Member State in order to increase integration between the WFD and the Renewable Energy Directive.
{"title":"Large-scale Water-related Innovative Renewable Energy Projects and the Water Framework Directive : Legal Issues and Solutions","authors":"S. Hees","doi":"10.1163/18760104-01403004","DOIUrl":"https://doi.org/10.1163/18760104-01403004","url":null,"abstract":"This article discusses two legal issues that relate to the conflict between the interest of protecting water quality under the Water Framework Directive (WFD), versus the interest of promoting the use of innovative water-related renewable energy, with regard to the quota in the Renewable Energy Directive. These legal issues are: first, the conflict between the provisions of the WFD and the Renewable Energy Directive as expressed by the no-deterioration obligation, and second, the lack of integration between the Renewable Energy Directive and the derogation clause of the Water Framework Directive. Tidal energy and salinity gradient energy (blue energy) are used as a case study to show the practical relevance of the legal issues for innovative water-related renewable energy techniques. The final section discusses solutions to the legal issues. These are first, the application of adaptive management in combination with phased deployment in order to deal with uncertainty, and second, the introduction of detailed renewable energy plans per Member State in order to increase integration between the WFD and the Renewable Energy Directive.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2017-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01403004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47221736","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 : 2017-12-06DOI: 10.1163/18760104-01403003
W. Howarth
This paper notes the UK’s impending departure from the European Union, following the Brexit Referendum in 2016, and investigates the implications of this for environmental laws generally and, more particularly, for water protection legislation. At the time of writing, the UK Government’s Brexit White Paper is the focus of attention, setting out plans to repeal the European Communities Act 1972 and to replace existing EU law by corresponding national legislation. Taking the EU Water Framework Directive as a case study, the later part of the paper examines the inherent difficulties in this strategy in the particular context of water protection. It is suggested that there are major difficulties in finding national law counterparts for many of the EU obligations. Moreover, the exercise of trying to address environmental quality concerns through a purely national framework neglects the essentially transboundary character of many environmental problems and the need for a coordinated supra-national response.
{"title":"Brexit and the United Kingdom Water Environment","authors":"W. Howarth","doi":"10.1163/18760104-01403003","DOIUrl":"https://doi.org/10.1163/18760104-01403003","url":null,"abstract":"This paper notes the UK’s impending departure from the European Union, following the Brexit Referendum in 2016, and investigates the implications of this for environmental laws generally and, more particularly, for water protection legislation. At the time of writing, the UK Government’s Brexit White Paper is the focus of attention, setting out plans to repeal the European Communities Act 1972 and to replace existing EU law by corresponding national legislation. Taking the EU Water Framework Directive as a case study, the later part of the paper examines the inherent difficulties in this strategy in the particular context of water protection. It is suggested that there are major difficulties in finding national law counterparts for many of the EU obligations. Moreover, the exercise of trying to address environmental quality concerns through a purely national framework neglects the essentially transboundary character of many environmental problems and the need for a coordinated supra-national response.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2017-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01403003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43852961","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 : 2017-12-06DOI: 10.1163/18760104-01403001
S. Hendry
This article assesses the progress of the European Union’s Water Framework Directive from a legal and policy perspective. Emerging judgments from the Court of Justice of the European Union are providing new clarity, for example on cost recovery for water services and the application of the ‘no deterioration’ principle. The article reflects on transposition, especially in the UK; analyses several aspects that have been especially challenging, for policy-makers, regulators and water users; and identifies some missing elements. Challenges include the meaning of ‘good status’ and the derogations to achieving the same; the article will suggest that the derogations are needlessly complex, and that ‘good status’ as a binding obligation has had unintended consequences. Absent from the text currently is provision for drought, climate change and ecosystem services, and it concludes that each of these could usefully be part of the Commission’s review in 2019.
{"title":"The eu Water Framework Directive – Challenges, Gaps and Potential for the Future","authors":"S. Hendry","doi":"10.1163/18760104-01403001","DOIUrl":"https://doi.org/10.1163/18760104-01403001","url":null,"abstract":"This article assesses the progress of the European Union’s Water Framework Directive from a legal and policy perspective. Emerging judgments from the Court of Justice of the European Union are providing new clarity, for example on cost recovery for water services and the application of the ‘no deterioration’ principle. The article reflects on transposition, especially in the UK; analyses several aspects that have been especially challenging, for policy-makers, regulators and water users; and identifies some missing elements. Challenges include the meaning of ‘good status’ and the derogations to achieving the same; the article will suggest that the derogations are needlessly complex, and that ‘good status’ as a binding obligation has had unintended consequences. Absent from the text currently is provision for drought, climate change and ecosystem services, and it concludes that each of these could usefully be part of the Commission’s review in 2019.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2017-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01403001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42976400","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 : 2017-12-06DOI: 10.1163/18760104-01403005
P. D. Smedt
In Flanders, the Government has recently established an innovative policy framework to preserve the water storage capacity in flood-prone areas. In this context, the concept of ‘Signal Areas’ (signaalgebieden) has been created. These areas are still undeveloped areas with a hard planning destination (residential and industrial areas) located in flood-prone areas. The framework outlines in what way one needs to deal with the flood risk in these areas. In order to implement this policy relating to signal areas in spatial planning, a recent draft decree has introduced water sensitive open-air areas where a relative ban on building applies. The aim is to achieve a prompt, effective implementation of the new water storage policy on the field based on a programmatic approach. In this contribution, the author will provide an insight into the legal design of the above-mentioned concepts and instruments, and how they can contribute to a stronger linkage between water management and spatial planning.
{"title":"Legal Instruments in Spatial Planning to Ban Building in Flood Zones: From Water Test to Planological Protection via “Water Sensitive Open-air Areas”","authors":"P. D. Smedt","doi":"10.1163/18760104-01403005","DOIUrl":"https://doi.org/10.1163/18760104-01403005","url":null,"abstract":"In Flanders, the Government has recently established an innovative policy framework to preserve the water storage capacity in flood-prone areas. In this context, the concept of ‘Signal Areas’ (signaalgebieden) has been created. These areas are still undeveloped areas with a hard planning destination (residential and industrial areas) located in flood-prone areas. The framework outlines in what way one needs to deal with the flood risk in these areas. In order to implement this policy relating to signal areas in spatial planning, a recent draft decree has introduced water sensitive open-air areas where a relative ban on building applies. The aim is to achieve a prompt, effective implementation of the new water storage policy on the field based on a programmatic approach. In this contribution, the author will provide an insight into the legal design of the above-mentioned concepts and instruments, and how they can contribute to a stronger linkage between water management and spatial planning.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2017-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01403005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48710407","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：