Pub Date : 2017-12-06DOI: 10.1163/18760104-01403002
L. Squintani, E. Plambeck, M. Rijswick
The Netherlands has a long and fascinating history of water management. The main features of the Dutch water governance system for the implementation of the wfd are its regional water authorities based on hydrological scales and powers to regulate, decide and raise taxes for their water tasks. Their functional approach and the decentralised character make the regional water authorities very efficient and effective. It is therefore understandable that eu institutions and other Member States consider the Dutch system an interesting potential source of inspiration for other jurisdictions. Yet, it is not all gold what shines. This paper highlights the strength and weakness elements of the Dutch water governance system under the wfd. It exposes several points of concern. When considering using the Dutch experience as a source of inspiration in other Member States, these concerns should be taken in due account.
{"title":"Strengths and Weaknesses of the Dutch Implementation of the Water Framework Directive","authors":"L. Squintani, E. Plambeck, M. Rijswick","doi":"10.1163/18760104-01403002","DOIUrl":"https://doi.org/10.1163/18760104-01403002","url":null,"abstract":"The Netherlands has a long and fascinating history of water management. The main features of the Dutch water governance system for the implementation of the wfd are its regional water authorities based on hydrological scales and powers to regulate, decide and raise taxes for their water tasks. Their functional approach and the decentralised character make the regional water authorities very efficient and effective. It is therefore understandable that eu institutions and other Member States consider the Dutch system an interesting potential source of inspiration for other jurisdictions. Yet, it is not all gold what shines. This paper highlights the strength and weakness elements of the Dutch water governance system under the wfd. It exposes several points of concern. When considering using the Dutch experience as a source of inspiration in other Member States, these concerns should be taken in due account.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"14 1","pages":"269-293"},"PeriodicalIF":1.2,"publicationDate":"2017-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01403002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49565667","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: 10.1163/18760104-01403007
Jan Darpö
In April 2017, the EU Commission published a “Notice on Access to Justice in Environmental Matters”, laying down the views of Brussels on this hot topic. The Notice takes stock of the dynamic development of the CJEU’s case law on the matter and draws cautious conclusions from this jurisprudence. This article is both an introductory and a short comment on the Notice. The main reasoning and conclusions drawn in the document are described, and then a couple of key issues are highlighted and discussed. All in all, evaluation of the Notice is positive, as it represents a rather big step forward compared with previous standpoints from Brussels. In this way, the Notice consolidates the impression that the EU is furnished with a Janus face concerning access to justice in environmental matters. It is very positive and affirming concerning legal challenges to administrative decision-making in national courts on the one hand, but very strict and of a rejecting nature when dealing with direct action to the CJEU on the other.
{"title":"On the Bright Side (of the eu’s Janus Face)The eu Commission’s Notice on Access to Justice in Environmental Matters","authors":"Jan Darpö","doi":"10.1163/18760104-01403007","DOIUrl":"https://doi.org/10.1163/18760104-01403007","url":null,"abstract":"In April 2017, the EU Commission published a “Notice on Access to Justice in Environmental Matters”, laying down the views of Brussels on this hot topic. The Notice takes stock of the dynamic development of the CJEU’s case law on the matter and draws cautious conclusions from this jurisprudence. This article is both an introductory and a short comment on the Notice. The main reasoning and conclusions drawn in the document are described, and then a couple of key issues are highlighted and discussed. All in all, evaluation of the Notice is positive, as it represents a rather big step forward compared with previous standpoints from Brussels. In this way, the Notice consolidates the impression that the EU is furnished with a Janus face concerning access to justice in environmental matters. It is very positive and affirming concerning legal challenges to administrative decision-making in national courts on the one hand, but very strict and of a rejecting nature when dealing with direct action to the CJEU on the other.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"14 1","pages":"373-398"},"PeriodicalIF":1.2,"publicationDate":"2017-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01403007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41655334","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: 10.1163/18760104-01403006
Tobias Brönneke
Obsolescence – the premature wear and tear of products – is currently a considered topic. There have been a number of recent developments in this area: the European Consumer Organisation (BEUC) has recently launched a flagship campaign on durable goods; the European Economic and Social Committee delivered an own-initiative opinion;, the German Environment Protection Agency (UBA) has commissioned two comprehensive studies concerning this issue; the European Commission has suggested a Directive on certain areas relating to contracts for online and other distance sales of goods; and, a law providing explicitly for criminal prosecution of planned obsolescence has been recently enacted in France. This article uses the planned evaluation and review of Directive 1999/44/EC as an opportunity to examine what legislative measures could be adopted to counteract premature wear and tear of consumer goods. The author argues for a new system based on existing warranty rights and the norms of the European product legislation, which will generate consumer- and environment-friendly results, whilst also providing flexible measures for the industry.
{"title":"Premature Obsolescence: Suggestions for Legislative Counter-measures in German and European Sales & Consumer Law","authors":"Tobias Brönneke","doi":"10.1163/18760104-01403006","DOIUrl":"https://doi.org/10.1163/18760104-01403006","url":null,"abstract":"Obsolescence – the premature wear and tear of products – is currently a considered topic. There have been a number of recent developments in this area: the European Consumer Organisation (BEUC) has recently launched a flagship campaign on durable goods; the European Economic and Social Committee delivered an own-initiative opinion;, the German Environment Protection Agency (UBA) has commissioned two comprehensive studies concerning this issue; the European Commission has suggested a Directive on certain areas relating to contracts for online and other distance sales of goods; and, a law providing explicitly for criminal prosecution of planned obsolescence has been recently enacted in France. This article uses the planned evaluation and review of Directive 1999/44/EC as an opportunity to examine what legislative measures could be adopted to counteract premature wear and tear of consumer goods. The author argues for a new system based on existing warranty rights and the norms of the European product legislation, which will generate consumer- and environment-friendly results, whilst also providing flexible measures for the industry.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"14 1","pages":"361-372"},"PeriodicalIF":1.2,"publicationDate":"2017-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01403006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43960752","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: 10.1163/18760104-01403008
L. Squintani
{"title":"Nigel Haigh, EU eu Environmental Policy – Its Journey to Central Stage, Earthscan from Routledge 2016, p. 214","authors":"L. Squintani","doi":"10.1163/18760104-01403008","DOIUrl":"https://doi.org/10.1163/18760104-01403008","url":null,"abstract":"","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"14 1","pages":"399-400"},"PeriodicalIF":1.2,"publicationDate":"2017-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01403008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48069738","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 : 2017-06-29DOI: 10.1163/18760104-01402003
L. Krämer
In its findings of 27 June 2016, the Aarhus Convention Compliance Committee concluded that European Union “failed to comply with Article 9 paragraphs 3 and 4 of the Convention with regard to access to justice by members of the public, because neither the Aarhus legislation nor the jurisprudence of the ECJ implements or complies with the obligations under these paragraphs”. Against this backdrop, the present contribution retraces the jurisprudence of the ECJ on access to justice in environmental matters, evaluates its compatibility with the Aarhus Convention and compares it with the ECJ’s practice in economic cases, in particular in the area of State aid. It is shown, i. a., that the ECJ denies NGOs access to justice with regard to acts and omissions of EU institutions and how this is in breach with both EU environmental laws and Article 9(3) of the Aarhus Convention. It is also shown that the Court of Justice is much stricter with regard to the admissibility of actions which try to protect the environment than it is with regard to actions, where economic interests are at stake.
{"title":"Access to Environmental Justice: the Double Standards of the ecj","authors":"L. Krämer","doi":"10.1163/18760104-01402003","DOIUrl":"https://doi.org/10.1163/18760104-01402003","url":null,"abstract":"In its findings of 27 June 2016, the Aarhus Convention Compliance Committee concluded that European Union “failed to comply with Article 9 paragraphs 3 and 4 of the Convention with regard to access to justice by members of the public, because neither the Aarhus legislation nor the jurisprudence of the ECJ implements or complies with the obligations under these paragraphs”. Against this backdrop, the present contribution retraces the jurisprudence of the ECJ on access to justice in environmental matters, evaluates its compatibility with the Aarhus Convention and compares it with the ECJ’s practice in economic cases, in particular in the area of State aid. It is shown, i. a., that the ECJ denies NGOs access to justice with regard to acts and omissions of EU institutions and how this is in breach with both EU environmental laws and Article 9(3) of the Aarhus Convention. It is also shown that the Court of Justice is much stricter with regard to the admissibility of actions which try to protect the environment than it is with regard to actions, where economic interests are at stake.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"14 1","pages":"159-185"},"PeriodicalIF":1.2,"publicationDate":"2017-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01402003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44518740","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 : 2017-06-29DOI: 10.1163/18760104-01402002
N. Haigh
{"title":"Concepts and Principles in EU Environmental Policy at a Time of Brexit","authors":"N. Haigh","doi":"10.1163/18760104-01402002","DOIUrl":"https://doi.org/10.1163/18760104-01402002","url":null,"abstract":"","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"14 1","pages":"155-158"},"PeriodicalIF":1.2,"publicationDate":"2017-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01402002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45662695","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 : 2017-06-29DOI: 10.1163/18760104-01402004
T. Turunen
The wide interpretation of the concept of waste in EU waste legislation caused by the precautionary principle might cause bottlenecks for the efficient recovery of waste materials. Article 6 of the Waste Framework Directive regulates on the end-of-waste criteria according to which materials can cease to be waste and be removed from the scope of application of the waste legislation and its precautionary measures. Precautionary measures are based on the insufficient knowledge on the impacts of using waste materials and therefore should be replaced with more precise quality standards if the information is available. The criteria of Article 6 require a lot of information on the quality of the materials ceasing to be waste. The bottlenecks of waste recovery can be removed through end-of-waste provisions where the adequate information is provided and the provisions have been laid down to ensure that no adverse environmental or human health impacts are created.
{"title":"Deconstructing the Bottlenecks Caused by Waste Legislation: End-of-Waste Regulation","authors":"T. Turunen","doi":"10.1163/18760104-01402004","DOIUrl":"https://doi.org/10.1163/18760104-01402004","url":null,"abstract":"The wide interpretation of the concept of waste in EU waste legislation caused by the precautionary principle might cause bottlenecks for the efficient recovery of waste materials. Article 6 of the Waste Framework Directive regulates on the end-of-waste criteria according to which materials can cease to be waste and be removed from the scope of application of the waste legislation and its precautionary measures. Precautionary measures are based on the insufficient knowledge on the impacts of using waste materials and therefore should be replaced with more precise quality standards if the information is available. The criteria of Article 6 require a lot of information on the quality of the materials ceasing to be waste. The bottlenecks of waste recovery can be removed through end-of-waste provisions where the adequate information is provided and the provisions have been laid down to ensure that no adverse environmental or human health impacts are created.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"14 1","pages":"186-207"},"PeriodicalIF":1.2,"publicationDate":"2017-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01402004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45473821","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 : 2017-06-29DOI: 10.1163/18760104-01402005
Heidi Stockhaus
The new free trade agreement with the European Union will bring Vietnam’s economic integration to a new level once it enters into force. In the past, the associated economic growth has led to environmental deterioration due to inappropriate regulations and poor enforcement. Currently, environmental problems are visible everywhere and attract the attention of citizens as well as lawmakers. The new free trade agreement establishes a framework for sustainable development in the context of trade and investment. The relevant provisions aim to maintain Vietnam’s right to regulate for the targeted protection level, require the country to take measures to mitigate the pressure on the environment, and open the door for cooperation with the European Union. However, it remains to be seen, whether these provisions balance the risks associated with the increase in trade and investment through the free trade agreement.
{"title":"The EU -Vietnam Free Trade Agreement – A Successful Attempt to Protect Vietnam’s Environment While Pushing for Economic Integration?","authors":"Heidi Stockhaus","doi":"10.1163/18760104-01402005","DOIUrl":"https://doi.org/10.1163/18760104-01402005","url":null,"abstract":"The new free trade agreement with the European Union will bring Vietnam’s economic integration to a new level once it enters into force. In the past, the associated economic growth has led to environmental deterioration due to inappropriate regulations and poor enforcement. Currently, environmental problems are visible everywhere and attract the attention of citizens as well as lawmakers. The new free trade agreement establishes a framework for sustainable development in the context of trade and investment. The relevant provisions aim to maintain Vietnam’s right to regulate for the targeted protection level, require the country to take measures to mitigate the pressure on the environment, and open the door for cooperation with the European Union. However, it remains to be seen, whether these provisions balance the risks associated with the increase in trade and investment through the free trade agreement.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"14 1","pages":"208-222"},"PeriodicalIF":1.2,"publicationDate":"2017-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01402005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44201753","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 : 2017-04-21DOI: 10.1163/18760104-01401005
W. V. Doorn-Hoekveld, F. Groothuijse
New flood risks require a new flood risk management approach. In the Netherlands there has always been a strong focus on flood defence. However, flood defence in the form of dikes alone will not be sufficient to keep the Netherlands habitable in the future. The ‘Room for Water’ debate has led to a new legal instrument: water storage areas, which fits perfectly in one of the requirements of the Floods Directive. This relatively new instrument has its own legal framework that is embedded in water law as well as in spatial planning law. This paper analyses the legal framework of the Dutch water storage areas in order to provide a SWOT analysis that may serve other states that aim to improve their flood risk management strategies.
{"title":"Analysis of the Strengths and Weaknesses of Dutch Water Storage Areas as a Legal Instrument for Flood-risk Prevention","authors":"W. V. Doorn-Hoekveld, F. Groothuijse","doi":"10.1163/18760104-01401005","DOIUrl":"https://doi.org/10.1163/18760104-01401005","url":null,"abstract":"New flood risks require a new flood risk management approach. In the Netherlands there has always been a strong focus on flood defence. However, flood defence in the form of dikes alone will not be sufficient to keep the Netherlands habitable in the future. The ‘Room for Water’ debate has led to a new legal instrument: water storage areas, which fits perfectly in one of the requirements of the Floods Directive. This relatively new instrument has its own legal framework that is embedded in water law as well as in spatial planning law. This paper analyses the legal framework of the Dutch water storage areas in order to provide a SWOT analysis that may serve other states that aim to improve their flood risk management strategies.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"14 1","pages":"76-97"},"PeriodicalIF":1.2,"publicationDate":"2017-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01401005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44087308","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 : 2017-04-21DOI: 10.1163/18760104-01401003
B. Vanheusden, G. V. D. Berghe
This article is based on legal support that the authors performed in 2015–2016 for the Flemish Government. The authors would like to thank the Flemish Government.
本文基于作者在2015-2016年为佛兰德政府提供的法律支持。作者要感谢佛兰德政府。
{"title":"The Implementation of ‘Access and Benefit-sharing’ in Five eu Member States: The Achievements and Deficiencies of the Nagoya Protocol and the eu Regulation 511/2014","authors":"B. Vanheusden, G. V. D. Berghe","doi":"10.1163/18760104-01401003","DOIUrl":"https://doi.org/10.1163/18760104-01401003","url":null,"abstract":"This article is based on legal support that the authors performed in 2015–2016 for the Flemish Government. The authors would like to thank the Flemish Government.","PeriodicalId":43633,"journal":{"name":"Journal for European Environmental & Planning Law","volume":"14 1","pages":"7-40"},"PeriodicalIF":1.2,"publicationDate":"2017-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/18760104-01401003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43785921","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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