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‘Preventing Pandemics by Building Bridges in EU Policy and Law’ “在欧盟政策和法律中架起桥梁,预防流行病”
Q3 Social Sciences Pub Date : 2021-10-01 DOI: 10.54648/eelr2021019
Elisa Cavallin
A successful strategy aimed at preventing the emergence and spread of Emerging Infectious Diseases – and therefore a strategy to avoid future pandemic scenarios – should take into account the human dependency on – and profound connection with nature and include not just health considerations but also animal welfare and health, agriculture and food production, environmental protection and climate action in all their facets, including spending and finances, and trade. In this light, policy and legislative acts not only need to be sufficiently ambitious to tackle the drivers behind the emergence of infectious diseases, but they also need to work in symbiosis, in synergy, to avoid that progress made in a certain field is eroded by a lack of ambition and foresight in another field. This research article aims to shed some light on the issue by considering key areas and key recent developments in EU law and policy. It shows how approaches and stances taken by the EU and by Member States frequently lack grit and ambition and are only limitedly synergetic and coherent with each other, often representing veritable missed opportunities both in terms of ambition and in building bridges across different fields.Covid-19, zoonoses, One Health, EU health policy, animal welfare law, animal health law, CAP, EU Climate Law, climate change, environmental protection
一项旨在防止新发传染病出现和传播的成功战略——因此也是一项避免未来大流行情景的战略——应该考虑到人类对自然的依赖和与自然的深刻联系,不仅包括健康考虑,还包括动物福利和健康、农业和粮食生产,环境保护和气候行动的各个方面,包括支出和财政以及贸易。有鉴于此,政策和立法法案不仅需要有足够的雄心来解决传染病出现背后的驱动因素,而且还需要共生、协同工作,以避免在某个领域取得的进展因在另一个领域缺乏雄心和远见而受到侵蚀。这篇研究文章旨在通过考虑欧盟法律和政策的关键领域和最新发展来阐明这一问题。它表明,欧盟和成员国采取的方法和立场往往缺乏勇气和雄心,彼此之间的协同和连贯性有限,往往在雄心和跨不同领域搭建桥梁方面错失了真正的机会。新冠肺炎,人畜共患病,One Health,欧盟卫生政策,动物福利法,动物卫生法,CAP,欧盟气候法,气候变化,环境保护
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引用次数: 1
Batteries and the Low-Carbon Energy Transition: Circularity and Secondary Supply Approach Highlighted in the EU’s Policy Discourse 电池与低碳能源转型:欧盟政策话语中的循环与二次供给方式
Q3 Social Sciences Pub Date : 2021-10-01 DOI: 10.54648/eelr2021022
S. Penttinen
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引用次数: 0
Implementing the Aarhus Convention 执行《奥胡斯公约》
Q3 Social Sciences Pub Date : 2021-08-01 DOI: 10.54648/eelr2021014
R. Yerezhepkyzy, V. Shestak, A. Egorov, A. Sadvokassov
The United Nations Economic Convention for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) is a peremptory international treaty that enshrines the procedural public rights to access environmental information, to make decisions regarding the environment, and to protect the right to a healthy environment. However, the Russian Federation is still not a party to this Convention. The analysis of the legislation of the Russian Federation in the context of its compliance with the Aarhus Convention is carried out to identify the reasons for not ratifying this agreement. The article aims to: 1) argue the need to ratify the Aarhus Convention by the Russian Federation; 2) develop an effective legal mechanism to ensure the implementation of its provisions. By applying the conceptual method, the provisions of the Aarhus Convention were analysed, its key requirements were studied, and the fundamental role of this treaty in the field of harmonizing relations ‘human-environment’ was determined. Through the combined application of conceptual and comparative methods, an analysis of the environmental legislation of the Russian Federation, the Republic of Kazakhstan, and the Republic of Belarus was carried out. Through the combined application of statistical and comparative methods, the effectiveness of environmental policy in the studied states in the context of the Aarhus Convention was identified and compared. As a result of the study, the need for the ratification of the Aarhus Convention by the Russian Federation was stated along with measures proposed for Convention implementation. In addition, attention was focused on the need for a comprehensive approach to the implementation of the provisions of this Convention.access to environmental information, access to justice, criminal liability, environmental legislation, healthy environment; international law
《联合国欧洲经济公约关于在环境事项上获得信息、公众参与决策和诉诸司法的公约》,以及保护享有健康环境的权利。然而,俄罗斯联邦仍然不是该公约的缔约国。对俄罗斯联邦遵守《奥胡斯公约》的立法进行了分析,以确定不批准该协定的原因。该条款旨在:1)论证俄罗斯联邦批准《奥胡斯公约》的必要性;2) 制定有效的法律机制,以确保其条款得到执行。通过应用概念方法,分析了《奥胡斯公约》的条款,研究了其关键要求,并确定了该条约在协调关系“人类环境”领域的基本作用。通过综合运用概念法和比较法,对俄罗斯联邦、哈萨克斯坦共和国和白俄罗斯共和国的环境立法进行了分析。通过统计和比较方法的结合应用,确定并比较了所研究国家在《奥胡斯公约》范围内的环境政策的有效性。研究结果表明,俄罗斯联邦有必要批准《奥胡斯公约》,并提出了执行《公约》的措施。此外,会议还着重指出,有必要采取全面办法执行本公约的各项规定。获取环境信息、诉诸司法、刑事责任、环境立法、健康环境;国际法
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引用次数: 0
Access to Justice for Challenging the Decisions of the Competent Authorities for Alleged Violations of the EU Water Legislation before National Courts. Relevant Developments and Trends Through the Lens of the CJEU Judgments in Cases C-197/18 and C-535/18 在国家法院就涉嫌违反欧盟水立法的主管当局的决定提出质疑时诉诸司法。从高等法院C-197/18及C-535/18案判决看相关发展及趋势
Q3 Social Sciences Pub Date : 2021-08-01 DOI: 10.54648/eelr2021015
Vasiliki Karageorgou, K. Pouikli
The aim of the paper is to unpack the recent developments relating to the disputes arising from the ΕU originated Water Legislation in the wake of the Court of Justice of the European Union (CJEU) judgments in the Wasserleitungsverband Nördliches Burgenland and Others (C-197/18) and IL and Others (C- 535/18) Cases respectively. A first issue which is analysed, concerns the contribution of the CJEU Judgments in terms of filling the absence of EU minimum procedural standards, particularly with respect to the standing rights of the natural persons to challenge the decisions of the competent authorities not to take the necessary measures to combat nitrates pollution and the decisions approving infrastructure projects with effects on the water bodies. Issues concerning the standard of review of the respective decisions, which may go beyond the ‘manifest error of assessment’ criterion and the conditions under which direct effect is recognized to the provisions of the EU Environmental Directives, are also discussed. The main conclusion is that the discussed Rulings made a positive contribution in terms of enhancing access to justice before national courts, mainly by ensuring the standing rights of the individual applicants through the enrichment of the concept of those ‘directly concerned’ with the element of the ‘legitimate use’ of the protected environmental good and by reaffirming the Court’s thesis for the direct effect of the provisions of the EU Environmental Directives, which focuses on the obligations of the competent authorities. The Court’s thesis in the IL and Others Case concerning the discretion of MS to limit the pleas which can be permissibly submitted by the individual applicants with regard to the procedural defects does not, though, clarify the issue in a manner that would ensure effective access to justice before national courts.EU Water Legislation, Access to Justice, the Concept of ‘DirectConcern’, Direct Effect, Standard of Review
本文的目的是揭示在欧盟法院(CJEU)分别在Wasserleitungsverband Nördliches Burgenland and Others (C-197/18)和IL and Others (C- 535/18)案件中判决ΕU起源的水立法引起的争议的最新发展。分析的第一个问题涉及欧洲法院判决在填补欧盟最低程序标准缺失方面的贡献,特别是关于自然人对主管当局不采取必要措施打击硝酸盐污染的决定提出质疑的长期权利和批准对水体有影响的基础设施项目的决定。还讨论了有关各自决定的审查标准的问题,这些问题可能超出“明显的评估错误”标准和承认对欧盟环境指令规定的直接影响的条件。主要结论是,所讨论的裁决在加强在国家法院诉诸司法方面作出了积极贡献,主要是通过丰富那些与受保护的环境产品的“合法使用”要素“直接有关”的概念来确保个人申请人的长期权利,并通过重申法院关于欧盟环境指令规定的直接影响的论点。它侧重于主管当局的义务。然而,法院在IL和其他案件中关于MS限制个人申请人就程序缺陷可以允许提交的请求的自由裁量权的论点,并没有以一种确保在国家法院有效诉诸司法的方式澄清这一问题。欧盟水立法,诉诸司法,“直接关注”的概念,直接影响,审查标准
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引用次数: 1
The EU’s Environmental Implementation Review: An Emerging Tool for Supervising Policy Delivery. 欧盟环境执行审查:监督政策执行的新兴工具。
Q3 Social Sciences Pub Date : 2021-08-01 DOI: 10.54648/eelr2021016
Martin Hedemann-Robinson
The aim of this short article is to provide a brief overview and reflections on theUnion’s relatively recent introduction of a biennial Environmental Implementation Review (EIR) cycle as part of its activities in monitoring EU Member States’ (MS) implementation of Union environmental law and policy. The EIR reflects an increased level of interest on the part of the Union in seeking to identify ways in which MS may improve upon their track records in implementing EU environmental legislative requirements at national level. Notably, it envisages a more intense form of engagement and dialogue on the part of the European Commission with MS authorities on identifying strengths and weaknesses in terms of individual MS performance as well as identifying common challenges at national level. The article assesses what key outcomes may have emerged thus far with the two EIR cycles that have been completed and how the EIR relates to the other principal supranational supervisory tool used by the EU for the purpose overseeing compliance with the EU environmental acquis, namely the use of law enforcement action via infringement proceedings. Ultimately, the article posits the view that the tools of EIR and law enforcement may be best seen to be in a complementary and mutually supportive relationship, each needing the other to be able to make a sufficient impression and impact on MS in terms of inducing them to address the subject of implementation with the degree of importance and urgency it deserves.Environmental Implementation Review, supranational supervision, implementation, infringements, compliance assurance, European Commission, Court of Justice of the European Union.
这篇短文的目的是简要概述和反思欧盟最近引入的两年期环境执行审查周期,作为其监测欧盟成员国执行欧盟环境法律和政策活动的一部分。EIR反映出欧盟方面越来越感兴趣,寻求确定MS在国家层面执行欧盟环境立法要求时可以改进其记录的方式。值得注意的是,它设想欧盟委员会与MS当局进行更激烈的接触和对话,以确定个人MS表现方面的优势和劣势,并确定国家层面的共同挑战。本文评估了迄今为止已经完成的两个环境影响报告周期可能产生的关键结果,以及环境影响报告如何与欧盟用于监督遵守欧盟环境法的另一个主要超国家监督工具相关联,即通过侵权诉讼使用执法行动。最终,文章提出了这样一种观点,即EIR和执法工具最好是处于互补和相互支持的关系中,每种工具都需要对方能够给MS留下足够的印象和影响,促使他们以应有的重要性和紧迫性来处理实施问题。环境执行审查、超国家监督、执行、侵权、合规保证、欧盟委员会、欧盟法院。
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引用次数: 0
Books for Review 书评
Q3 Social Sciences Pub Date : 2021-08-01 DOI: 10.54648/eelr2021018
Karen E. Makuch
community energy, Japanese energy sector, enekomi, citizen energy communities, renewable energy communities, energy prosumers
社区能源、日本能源部门、enekomi、公民能源社区、可再生能源社区、能源生产消费者
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引用次数: 0
Models of Energy Communities in Japan (Enekomi): Regulatory Solutions From the European Union (Rescoms and Citencoms) 日本能源共同体模型(Enekomi):来自欧盟的监管解决方案(Rescoms和Citencoms)
Q3 Social Sciences Pub Date : 2021-08-01 DOI: 10.54648/eelr2021017
Maciej M. Sokolowski
Energy communities are already part of the current Japanese energy sector. The enerugīkomyuniti (or enekomi, as I propose to call this type of entities) powered by renewables with an important role played by photovoltaics (PVs), reflect a growing wave of prosumer movements in Japan. This derives from the decrease in the cost of renewable installations, as well as the opportunities for multiple deployments in places previously unable to access renewable energy (such as farms – when ‘farming photovoltaics’ or ‘agrivoltaic systems’ are applied). The establishment of municipal power producers and suppliers (small-scale entities covering local areas), leading to broader popularization and use of distributed energy in Japan has also helped to promote this movement. However, any further development of enekomis requires the appropriate regulatory framework. Japan, which wants to promote the concept of a sustainable regional community internationally, must focus on amore preferential approach to enekomi. Based on the experience of the Member States, the European Union has managed to establish a model that could be implemented in Japan after a suitable adaptation. This applies in particular to the solutions offered to energy communities in Europe with respect to membership, non-discriminatory treatment, barriers, support schemes as well as grid connection and management.community energy, Japanese energy sector, enekomi, citizen energy communities, renewable energy communities, energy prosumers
能源社区已经成为当前日本能源部门的一部分。由可再生能源驱动的enerugīkomyuniti(或enekomi,我建议称之为这类实体)在光伏发电中发挥着重要作用,反映了日本日益增长的生产消费者运动浪潮。这源于可再生能源安装成本的降低,以及在以前无法获得可再生能源的地方进行多次部署的机会(例如农场——当应用“农业光伏”或“农业光伏系统”时)。市政电力生产商和供应商(覆盖当地的小规模实体)的建立,导致分布式能源在日本的更广泛普及和使用,也有助于推动这一运动。然而,enekomis的任何进一步发展都需要适当的监管框架。日本希望在国际上推广可持续区域共同体的概念,必须专注于对enekomi采取更优惠的做法。根据各成员国的经验,欧洲联盟设法建立了一种模式,在适当调整后可在日本实施。这尤其适用于向欧洲能源社区提供的成员资格、非歧视待遇、障碍、支持计划以及电网连接和管理方面的解决方案。社区能源、日本能源部门、能源公司、公民能源社区、可再生能源社区、能源生产消费者
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引用次数: 3
Book Review: The Politics of Shale Gas in Eastern Europe: Energy Security, Contested Technologies and the Social Licence to Frack by Andreas Goldthau Cambridge: Hardback. 1st ed. Cambridge University Press. 2018. 书评:《东欧页岩气政治:能源安全、竞争技术和水力压裂的社会许可证》,Andreas Goldthau Cambridge:Hardback著。第1版,剑桥大学出版社。2018
Q3 Social Sciences Pub Date : 2021-06-01 DOI: 10.54648/eelr2021013
Miriam R. Aczel
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引用次数: 0
Changing Architecture of Georgian Renewable Energy Normative System: The Dos and Don’ts from the European Union 格鲁吉亚可再生能源规范体系结构的变化:来自欧盟的应与不应
Q3 Social Sciences Pub Date : 2021-06-01 DOI: 10.54648/eelr2021010
I. Samkharadze
In quest of its energy policy intertwined with national climate strategy, Georgia has endeavoured to modernize the energy normative framework with the special focus on renewables as the fastest growing source of energy in the country. On the flip side, the European Union, as a ‘regulatory superpower’ urges the third countries to intensify their efforts alongside the EU and expands internal energy law and policy application to non-Member States. In this natural affinity, the EU-Georgia energy and climate partnership comes as no surprise cooperation anchored by the so-called EU’s conditionality policy. This article offers a bird’s eye view of Georgia’s energy sector emphasizing on the emergence of new renewable energy legal regime that is designed in response to the EU course. The article also displays some of the future trends zooming in on a flagship European Green Deal initiative and examines its possible implications for the country. In a nutshell, legal impact analysis aiming to record and explain how a particular law or rather a group of subject-linked laws (EU energy law) works within a certain geographical setting (in this case Georgia).Energy law, EU law, renewable energy, climate change, Europeanization, European Green Deal, Clean Energy Package, Georgia
为了寻求与国家气候战略相结合的能源政策,格鲁吉亚努力实现能源规范框架的现代化,特别关注可再生能源作为该国增长最快的能源。另一方面,作为“监管超级大国”的欧盟敦促第三国与欧盟一起加强努力,并将内部能源法律和政策适用范围扩大到非成员国。在这种天然的亲和力中,欧盟-格鲁吉亚能源和气候伙伴关系在所谓的欧盟条件性政策的基础上进行合作并不奇怪。这篇文章对格鲁吉亚的能源部门进行了鸟瞰,强调了新的可再生能源法律制度的出现,该制度是为应对欧盟的进程而设计的。这篇文章还展示了一些未来趋势,放大了一项旗舰的欧洲绿色协议倡议,并探讨了其对该国可能产生的影响。简言之,法律影响分析旨在记录和解释特定法律或更确切地说是一组与主题相关的法律(欧盟能源法)如何在特定的地理环境中(在本例中为格鲁吉亚)发挥作用。能源法、欧盟法律、可再生能源、气候变化、欧洲化、欧洲绿色协议、清洁能源一揽子计划、格鲁吉亚
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引用次数: 0
Book for Review 书评书
Q3 Social Sciences Pub Date : 2021-06-01 DOI: 10.54648/eelr2021012
Karen E. Makuch
This discussion paper is a study of the emergence/re-assertion of urban based youth in the public political sphere in Kenya. It explores how exist-ing urban popular spaces have provided avenues for the youth to express their fears as well as their hopes in times of changing political develop-ments in Kenya. The study including the introduction very itself an a various
这篇讨论论文是对城市青年在肯尼亚公共政治领域的出现/重新主张的研究。它探讨了在肯尼亚不断变化的政治发展时期,现有的城市流行空间如何为年轻人提供表达他们的恐惧和希望的途径。研究本身包括介绍和各种
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引用次数: 0
期刊
European Energy and Environmental Law Review
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