Insights from Earth system science show us that we are crossing over into a new geological epoch, the Anthropocene. Yet, environmental law has failed to integrate these insights and adopt an Earth system perspective, with the result that environmental law has arguably become incapable of responding to the numerous complex, interconnected, and non-linear challenges of an erratic Earth system in the Anthropocene. Earth system law is proposed as a response and is intended to ‘translate’ Earth system science insights into the legal domain, thereby transforming Holocene environmental law and making it more fit for purpose in the Anthropocene. In order to practically explore how this transformation could take place, reliance is placed on the telecoupling framework, which analyses interconnected or coupled human and natural systems over distances. With reference to the mining activities conducted by Canadian companies in Mexico, the telecoupling framework is revealed as a valuable tool for thinking about environmental law in Earth system terms and enabling one to see a range of deeply intertwined telecoupled issues and considerations that must be taken account of by the law. In turn, this enables one to begin to imagine the types of considerations that should be incorporated into legal responses in order to adequately respond to the socio-ecological challenges of the Anthropocene. Anthropocene, Earth system, Earth system governance, Earth system law, Earth system science, Environmental law, Socio-ecological systems, Telecoupling
{"title":"Guiding Environmental Law’s Transformation into Earth System Law Through the Telecoupling Framework","authors":"L. du Toit, Gabriel Lopez Porras, Louis J. Kotzé","doi":"10.54648/eelr2021011","DOIUrl":"https://doi.org/10.54648/eelr2021011","url":null,"abstract":"Insights from Earth system science show us that we are crossing over into a new geological epoch, the Anthropocene. Yet, environmental law has failed to integrate these insights and adopt an Earth system perspective, with the result that environmental law has arguably become incapable of responding to the numerous complex, interconnected, and non-linear challenges of an erratic Earth system in the Anthropocene. Earth system law is proposed as a response and is intended to ‘translate’ Earth system science insights into the legal domain, thereby transforming Holocene environmental law and making it more fit for purpose in the Anthropocene. In order to practically explore how this transformation could take place, reliance is placed on the telecoupling framework, which analyses interconnected or coupled human and natural systems over distances. With reference to the mining activities conducted by Canadian companies in Mexico, the telecoupling framework is revealed as a valuable tool for thinking about environmental law in Earth system terms and enabling one to see a range of deeply intertwined telecoupled issues and considerations that must be taken account of by the law. In turn, this enables one to begin to imagine the types of considerations that should be incorporated into legal responses in order to adequately respond to the socio-ecological challenges of the Anthropocene.\u0000Anthropocene, Earth system, Earth system governance, Earth system law, Earth system science, Environmental law, Socio-ecological systems, Telecoupling","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47624073","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}
Microgrids are generally understood to be localized electricity systems in which electricity is produced and consumed by the users connected to the grid. The system is increasingly considered to be a valuable additional and alternative way of operating the electricity systems across the European Union (EU) and beyond, especially within the context of the energy transition. Yet, in the EU microgrids are not legally defined. The lack of a legal definition creates uncertainty which limits the system’s potential to allow consumers to take up a more active role in the electricity sector and diversify the energy sources within the electricity mix. This article analyses the use of microgrids from an EU law perspective, identifying the challenges that will be faced by both regulators and microgrid users. Based on an assessment regarding the purpose, size, operation modes, and supporting qualities of the microgrid, this article ultimately provides a basis for developing a legally valid definition suitable for the EU legal framework. EU law, microgrids, decentralized electricity systems, legal regulation, energy transition
{"title":"Small Systems: Big Impacts - Examining the Concept of Microgrids from an EU Law Perspective","authors":"Jamie Behrendt","doi":"10.54648/eelr2021008","DOIUrl":"https://doi.org/10.54648/eelr2021008","url":null,"abstract":"Microgrids are generally understood to be localized electricity systems in which electricity is produced and consumed by the users connected to the grid. The system is increasingly considered to be a valuable additional and alternative way of operating the electricity systems across the European Union (EU) and beyond, especially within the context of the energy transition. Yet, in the EU microgrids are not legally defined. The lack of a legal definition creates uncertainty which limits the system’s potential to allow consumers to take up a more active role in the electricity sector and diversify the energy sources within the electricity mix. This article analyses the use of microgrids from an EU law perspective, identifying the challenges that will be faced by both regulators and microgrid users. Based on an assessment regarding the purpose, size, operation modes, and supporting qualities of the microgrid, this article ultimately provides a basis for developing a legally valid definition suitable for the EU legal framework.\u0000EU law, microgrids, decentralized electricity systems, legal regulation, energy transition","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41753102","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}
S. Tlepina, Bakizhan Seidesh, A. Kudaibergenov, A. Zhunusbekova, Galym Bulatov, Yerdos Murzagaliyev
The existence of international tax law as a branch of law and a scientific discipline often causes controversy, since there is no international tax. There is a regulatory area that defines the laws that apply to taxation, activities carried out in two or more countries, tax relations with a foreign element. Current international environmental initiatives seem to be a powerful argument in favour of the development and expansion of international tax law. The work considers the issue of introducing a carbon tax as an actual component and evolutionary stage of such a concept. At the same time, the study leads to the opinion that modern international legal relations in the field of taxation today have formed an integral branch of law that requires supranational regulation using codified sources of law. Considering the issue of tax competition in conjunction with the issue of the introduction of a carbon tax, the study speaks of the need to develop a regulatory framework aimed at regulating public relations in the area under study. These issues are considered from the point of view of applicability and in the context of the regulatory framework of the Republic of Kazakhstan. international economic agreements, international tax law, law of treaties, sources of law, international normative actsAskar Kudaibergenov
{"title":"Current State and Evolution of the Concept of International Tax Law in the Context of Environmental Challenges: An Example of a Carbon Tax","authors":"S. Tlepina, Bakizhan Seidesh, A. Kudaibergenov, A. Zhunusbekova, Galym Bulatov, Yerdos Murzagaliyev","doi":"10.54648/eelr2021009","DOIUrl":"https://doi.org/10.54648/eelr2021009","url":null,"abstract":"The existence of international tax law as a branch of law and a scientific discipline often causes controversy, since there is no international tax. There is a regulatory area that defines the laws that apply to taxation, activities carried out in two or more countries, tax relations with a foreign element. Current international environmental initiatives seem to be a powerful argument in favour of the development and expansion of international tax law. The work considers the issue of introducing a carbon tax as an actual component and evolutionary stage of such a concept. At the same time, the study leads to the opinion that modern international legal relations in the field of taxation today have formed an integral branch of law that requires supranational regulation using codified sources of law. Considering the issue of tax competition in conjunction with the issue of the introduction of a carbon tax, the study speaks of the need to develop a regulatory framework aimed at regulating public relations in the area under study. These issues are considered from the point of view of applicability and in the context of the regulatory framework of the Republic of Kazakhstan.\u0000international economic agreements, international tax law, law of treaties, sources of law, international normative actsAskar Kudaibergenov","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47790489","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}
The integration of hydrogen (H2) and carbon capture and storage (CCS) technologies within common value chains can contribute to the effective decarbonization of the energy system and hard-toabate sectors where electrification may not be possible or cost-effective. The H2-CCS chain is taken as an example of strategic value chains in the process towards a low carbon and increasingly integrated energy system. The successful realization of H2-CCS integrated chains requires the mobilization of vast quantities of domestic and international private capital. This article looks at how legislation and contracts, separately and in combination, can be used to manage and mitigate risks and incentivise private sector investment along the H2-CCS value chain in Europe. First, it discusses the role of national governments and the EU in developing legislative measures such as climate change targets, market design, liability regimes and how those could remove some of the risks preventing private sector investments. Second, it considers how the design and standardization of contracts can mitigate risks faced by the private sector by allocating, transferring and sharing risks between private and public parties. The article concludes that the law has an important role in de-risking investments and that further policy steps are necessary to refine the legislative and contractual regimes needed for the successful deployment of such strategic value chains. CCS, climate change, hydrogen, de-risking, legislation, contract, risk mitigation, risk allocation, risk transfer, public-private partnerships.
{"title":"De-Risking the Hydrogen-CCS Value Chain Through Law","authors":"Alice O'Brien, Catherine Banet","doi":"10.54648/eelr2021004","DOIUrl":"https://doi.org/10.54648/eelr2021004","url":null,"abstract":"The integration of hydrogen (H2) and carbon capture and storage (CCS) technologies within common value chains can contribute to the effective decarbonization of the energy system and hard-toabate sectors where electrification may not be possible or cost-effective. The H2-CCS chain is taken as an example of strategic value chains in the process towards a low carbon and increasingly integrated energy system. The successful realization of H2-CCS integrated chains requires the mobilization of vast quantities of domestic and international private capital. This article looks at how legislation and contracts, separately and in combination, can be used to manage and mitigate risks and incentivise private sector investment along the H2-CCS value chain in Europe. First, it discusses the role of national governments and the EU in developing legislative measures such as climate change targets, market design, liability regimes and how those could remove some of the risks preventing private sector investments. Second, it considers how the design and standardization of contracts can mitigate risks faced by the private sector by allocating, transferring and sharing risks between private and public parties. The article concludes that the law has an important role in de-risking investments and that further policy steps are necessary to refine the legislative and contractual regimes needed for the successful deployment of such strategic value chains.\u0000CCS, climate change, hydrogen, de-risking, legislation, contract, risk mitigation, risk allocation, risk transfer, public-private partnerships.","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42047497","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}
With the background of the political and geopolitical factors that determine where energy players can operate plus the complications that the pandemic has brought to operations and the change in energy demand, the article considers how to tackle gas transit development. In addition, it looks the development in light of the impact of the climate change challenge that conventional energy companies and investors are faced with and the resulting diversification needs. Lender reluctance to finance ‘dirty’ energy projects is changing the dynamics for investment. Gas is still promoted by significant industry players and lenders but as governments move towards their clean energy goals, access to funding for any non-renewable projects is looking to become more limited. Many industry players are still of the view that a renewable track cannot be built without a parallel track of gas supply to add to the energy mix. And indeed, the European Green Deal published in December 2019 introduces new ideas for the usage of existing gas infrastructure and there are still largescale cross-border natural gas pipelines under development and construction. The article addresses the steps that are needed to get a pipeline project from drawing board stage to implementation and operations. This is considered from a legal perspective, including looking at the ways in which to raise finance – through debt, equity and other funding sources. A focus of the article is the European Union Funding available to energy projects and how the policy is shaping the energy landscape. The upcoming regulatory changes relating to European Union financing instruments such as the Trans-European Networks for Energy Regulation (the “TEN-E”) which steers investment away from oil and gas pipelines and will offer financing opportunities for other types of smart grids and hydrogen and CO2 pipelines. It has been indicated that oil pipelines and electricity highways are to be removed as infrastructure categories and thematic areas and will no longer be suitable to be financed by the Connecting Europe Facility (“CEF”). Gas transit geopolitical climate change EU-funding
{"title":"Gas Transit Development in Europe and Beyond: In an Era of Geopolitical Influence and Climate Change Pressures","authors":"L. Huomo, Claire Wilby","doi":"10.54648/eelr2021005","DOIUrl":"https://doi.org/10.54648/eelr2021005","url":null,"abstract":"With the background of the political and geopolitical factors that determine where energy players can operate plus the complications that the pandemic has brought to operations and the change in energy demand, the article considers how to tackle gas transit development. In addition, it looks the development in light of the impact of the climate change challenge that conventional energy companies and investors are faced with and the resulting diversification needs. Lender reluctance to finance ‘dirty’ energy projects is changing the dynamics for investment. Gas is still promoted by significant industry players and lenders but as governments move towards their clean energy goals, access to funding for any non-renewable projects is looking to become more limited.\u0000Many industry players are still of the view that a renewable track cannot be built without a parallel track of gas supply to add to the energy mix. And indeed, the European Green Deal published in December 2019 introduces new ideas for the usage of existing gas infrastructure and there are still largescale cross-border natural gas pipelines under development and construction.\u0000The article addresses the steps that are needed to get a pipeline project from drawing board stage to implementation and operations. This is considered from a legal perspective, including looking at the ways in which to raise finance – through debt, equity and other funding sources. A focus of the article is the European Union Funding available to energy projects and how the policy is shaping the energy landscape. The upcoming regulatory changes relating to European Union financing instruments such as the Trans-European Networks for Energy Regulation (the “TEN-E”) which steers investment away from oil and gas pipelines and will offer financing opportunities for other types of smart grids and hydrogen and CO2 pipelines. It has been indicated that oil pipelines and electricity highways are to be removed as infrastructure categories and thematic areas and will no longer be suitable to be financed by the Connecting Europe Facility (“CEF”).\u0000Gas transit geopolitical climate change EU-funding","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45029983","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}
This article identifies the statutory obligations, according to which energy corporations must disclose any information that national authorities and the European Commission deem relevant to their duties under European Law. It then specifies the protection of commercially sensitive information under European Energy Law and Law on Trade Secrets along with the mechanisms that transform this protection from paper into reality. It establishes that the Law on Trade Secrets can be used to draw the line at the authorities’ powers. This is significant, as the information that can be requested by the authorities can, and usually does, contain invaluable information, to the dismay of energy corporations electricity, natural gas, hydrocarbons, data, information, commercially sensitive information, trade secrets
{"title":"Energy Corporations and Their Information Duties Towards State Authorities","authors":"N. Charalampidou","doi":"10.54648/eelr2021007","DOIUrl":"https://doi.org/10.54648/eelr2021007","url":null,"abstract":"This article identifies the statutory obligations, according to which energy corporations must disclose any information that national authorities and the European Commission deem relevant to their duties under European Law. It then specifies the protection of commercially sensitive information under European Energy Law and Law on Trade Secrets along with the mechanisms that transform this protection from paper into reality. It establishes that the Law on Trade Secrets can be used to draw the line at the authorities’ powers. This is significant, as the information that can be requested by the authorities can, and usually does, contain invaluable information, to the dismay of energy corporations\u0000electricity, natural gas, hydrocarbons, data, information, commercially sensitive information, trade secrets","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43045727","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}
The case-law of the Court of Justice of the European Union (CJEU) has had a crucial impact on the development of the EU law. In particular, the role of CJEU case-law has been emphasized in relation to paradigm shifts in the EU. Currently the EU is aiming to transition to a circular economy by 2050. The drive towards a circular economy is based on the recognition that currently the world’s natural resources are used to excess and inefficiently. Waste management and in particular the regulation governing the transformation of waste back into raw materials plays an integral role in the circular economy. This article examines the CJEU case-law on the concept of waste and its implications towards circular economy from 1980s to the modern today. It shows that the case-law has had a crucial role in the development the concept of waste and the rules for excluding secondary materials from it. The article concludes that the CJEU’s powers are emphasized when a regulatory regime is in transition. Moreover, the circular economy regulatory environment is prone to generating numerous preliminary rulings. The importance of reconciling the objectives of the waste, product and chemicals regulation will be emphasized in the future. A natural continuation in the case-law would entail a gradual transition to a single regime for the regulation of materials and their flow. The CJEU could play an important role in the transition to the circular economy. waste, circular economy, Court of Justice of the European Union, transition, secondary raw materials, chemicals, end-of-waste, product safety
{"title":"The Role of the CJEU in Shaping the Future of the Circular Economy","authors":"T. Turunen, Joonas Alaranta","doi":"10.54648/eelr2021006","DOIUrl":"https://doi.org/10.54648/eelr2021006","url":null,"abstract":"The case-law of the Court of Justice of the European Union (CJEU) has had a crucial impact on the development of the EU law. In particular, the role of CJEU case-law has been emphasized in relation to paradigm shifts in the EU. Currently the EU is aiming to transition to a circular economy by 2050. The drive towards a circular economy is based on the recognition that currently the world’s natural resources are used to excess and inefficiently. Waste management and in particular the regulation governing the transformation of waste back into raw materials plays an integral role in the circular economy. This article examines the CJEU case-law on the concept of waste and its implications towards circular economy from 1980s to the modern today. It shows that the case-law has had a crucial role in the development the concept of waste and the rules for excluding secondary materials from it. The article concludes that the CJEU’s powers are emphasized when a regulatory regime is in transition. Moreover, the circular economy regulatory environment is prone to generating numerous preliminary rulings. The importance of reconciling the objectives of the waste, product and chemicals regulation will be emphasized in the future. A natural continuation in the case-law would entail a gradual transition to a single regime for the regulation of materials and their flow. The CJEU could play an important role in the transition to the circular economy.\u0000waste, circular economy, Court of Justice of the European Union, transition, secondary raw materials, chemicals, end-of-waste, product safety","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70888890","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}
{"title":"Books for Review","authors":"Karen E. Makuch","doi":"10.54648/eelr2021003","DOIUrl":"https://doi.org/10.54648/eelr2021003","url":null,"abstract":"","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48466880","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}
European chemicals legislation – while among the most advanced in the world – still needs tools for bringing greater consistency to the substance evaluation processes. This article explores the elements of the ‘essential use’ concept – as proposed by the Montreal Protocol – in the European framework. The Treaty on the Functioning of the European Union provides context to understanding ‘health’, ‘safety’, and ‘functioning of society’ in order to then view how these elements are reflected within Union legislation and case law. In the balancing of EU priorities, examples exist where importance is given through exemptions and derogations to sectors within the categories of health, safety, and societal advancement. This demonstrates the possibility of the concept to help define essentiality and to determine specific uses that may be deemed essential. Essential Use, Chemicals, Chemicals Legislation, European Law, Environmental Law, Montreal Protocol
{"title":"Concept of Essential Uses: An Exploration","authors":"Cassandra Carr Kaljo","doi":"10.54648/eelr2021001","DOIUrl":"https://doi.org/10.54648/eelr2021001","url":null,"abstract":"European chemicals legislation – while among the most advanced in the world – still needs tools for bringing greater consistency to the substance evaluation processes. This article explores the elements of the ‘essential use’ concept – as proposed by the Montreal Protocol – in the European framework. The Treaty on the Functioning of the European Union provides context to understanding ‘health’, ‘safety’, and ‘functioning of society’ in order to then view how these elements are reflected within Union legislation and case law. In the balancing of EU priorities, examples exist where importance is given through exemptions and derogations to sectors within the categories of health, safety, and societal advancement. This demonstrates the possibility of the concept to help define essentiality and to determine specific uses that may be deemed essential.\u0000Essential Use, Chemicals, Chemicals Legislation, European Law, Environmental Law, Montreal Protocol","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48852318","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}
V. Shestak, Sergei Katsuba, T. Kvasnikova, Yuri Bokov
The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures. environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy
{"title":"Liability for Violation of Environmental Legislation in the EU","authors":"V. Shestak, Sergei Katsuba, T. Kvasnikova, Yuri Bokov","doi":"10.54648/eelr2021002","DOIUrl":"https://doi.org/10.54648/eelr2021002","url":null,"abstract":"The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures.\u0000environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy","PeriodicalId":53610,"journal":{"name":"European Energy and Environmental Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41560166","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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