The Enforcement Of Ec Environmental Law

Author : Pål Wennerås
Publisher : OUP Oxford
ISBN 13 : 0191566527
Total Pages : 368 pages
Book Rating : 4.23/5 ( download)

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Download or read book The Enforcement of EC Environmental Law written by Pål Wennerås and published by OUP Oxford. This book was released on 2007-08-16 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely accepted that the future development of environmental law depends not on further legislation, but on more effective enforcement. Within the EC legal system, the conventional view is that the enforcement deficit is due to the fact that the environment is distinct from other fields of Community law. EC environmental law normally does not confer rights on individuals and may therefore not be judicially enforced in the same manner as rules concerning the internal market, competition and gender discrimination. The Enforcement of EC Environmental Law explores and challenges this assumption. Drawing from constitutional aspects of EC law, the author examines to what extent the general case law on procedures and remedies may be transposed to the field of environment, whilst at the same time taking stock of the existing environmental case law and the distinctive features of environmental legislation. In a critical exposition and assessment of 50 years of jurisprudence by the European Court of Justice as well as recent legislative developments, the author explores the potential of enforcement of environmental law through law suits by individuals as well as the European Commission. By demonstrating that the environment is not so different from other fields of law in terms of rights and remedies, the book provides not only new insights to the enforcement of EC environmental law but also to the central characteristics of Community constitutional law.

Author : Martin Hedemann-Robinson
Publisher : Routledge
ISBN 13 : 1135115842
Total Pages : 948 pages
Book Rating : 4.45/5 ( download)

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Download or read book Enforcement of European Union Environmental Law written by Martin Hedemann-Robinson and published by Routledge. This book was released on 2015-05-15 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a detailed account of the various legal arrangements at European Union level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principal sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines the practical impact of the legal arrangements at Union level that are used to uphold EU environmental norms. Offering a comprehensive account of the current state of EU environmental law enforcement and the developments affecting it, Martin Hedemann-Robinson explores the role of the European Commission, the possibilities for private law enforcement, and the responsibilities of member state national authorities. Key legal developments that have occurred since the first edition have been incorporated, including new statutory developments and case law. Particular attention is paid to the impact of the 2007 Lisbon Treaty on foundational EU treaty provisions enabling the European Commission to take legal action against EU member states infringing Union environmental law, the establishment of a new legal architecture at Union level on the topic of environmental criminal policy, as well as increased EU legislative intervention in the area of environmental inspections. The impact of the 1998 Århus Convention on EU environmental law enforcement is also addressed in detail, including the influence of recommendations of the Århus Convention’s Compliance Committee.

Author : Michael G. Faure
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123377
Total Pages : 206 pages
Book Rating : 4.74/5 ( download)

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Download or read book Criminal Enforcement of Environmental Law in the European Union written by Michael G. Faure and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provides not only a summary of the criminal prosecution of environmental law in the various countries, but also addresses differences and similarities in practice with respect to environmental criminal law. A critical analysis of the answers is also provided."--Jacket.

Author : P. & e5;l Wenner & e5;s
Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.37/5 ( download)

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Download or read book The Enforcement of EC Environmental Law written by P. & e5;l Wenner & e5;s and published by . This book was released on 2007 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Martin Hedemann-Robinson
Publisher : Routledge
ISBN 13 : 113533000X
Total Pages : 610 pages
Book Rating : 4.02/5 ( download)

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Download or read book Enforcement of European Union Environmental Law written by Martin Hedemann-Robinson and published by Routledge. This book was released on 2007-03-12 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a detailed legal account of the various legal arrangements at EU level this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principle sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines and assesses the practical impact of the legal arrangements at EU level that are used for the purpose of upholding EU environmental norms. Providing a comprehensive account of the current state of EU environmental law enforcement and developments affecting it, Enforcing European Union Environmental Law focuses on the principal sources of EU environmental law enforcement, examining: the role of the European Commission the possibilities for private law enforcement the responsibilities of Member State national authorities. An essential read for those studying, researching and working in the areas of environmental and European Union law.

Author : Richard Macrory Hon KC
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254420
Total Pages : 856 pages
Book Rating : 4.23/5 ( download)

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Download or read book Regulation, Enforcement and Governance in Environmental Law written by Richard Macrory Hon KC and published by Bloomsbury Publishing. This book was released on 2014-10-09 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation, Enforcement and Governance in Environmental Law is an updated edition of Richard Macrory's most influential writings. Spanning his entire career, these are all works which have helped shape contemporary environmental law and policy. The book includes the full text of his 2006 Cabinet Office Review on Regulatory Sanctions, new chapters on the Climate Change Act 2008, the Environment Tribunal, and analysis of recent leading cases. The book is divided into five thematic sections: Regulatory reform, Institutional Reform and Change, the Dynamics of Environmental Law, the Courts and the Environment and Europe and the Environment. Reviews of the first edition: 'This book is surely destined to become a 'must read' for anyone (academic, practitioner or student) interested in the development of regulation, enforcement, and environmental governance.' P Bishop, IUCN Academy of Environmental Law Journal 'An excellent reference work on environmental law....an extremely important and valuable edition to the environmental lawyer's bookshelf.' C Abbot, Journal of Environmental Law 'It is a rare to find a volume which consumes one's attention for 765 pages – and rarer still that such a blockbuster be a law book...This book is not solely for environmental enthusiasts – it should be essential reading for anyone concerned with the institutional reform, transparency and accountability in the UK and EU.' C MacKenzie, Cambridge Law Journal

Author : Marjan Peeters
Publisher : Edward Elgar Publishing
ISBN 13 : 1788970675
Total Pages : 552 pages
Book Rating : 4.79/5 ( download)

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Download or read book Research Handbook on EU Environmental Law written by Marjan Peeters and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.

Author : Josephine A. W. van Zeben
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.21/5 ( download)

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Download or read book The Untapped Potential of Horizontal Private Enforcement Within EC Environmental Law written by Josephine A. W. van Zeben and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The premise of the article is that horizontal private enforcement could improve the deterrent effect of public enforcement in cases where there is a low likelihood of public enforcement due to information dissymmetry or funding problems on the side of the public enforcer. In order to illustrate these problems, the first part of the article analyses three common modes of public regulation and enforcement within EC environmental policy. After discussion of the possibilities for horizontal private enforcement of EC environmental law by means of direct effect and consistent interpretation, the Aarhus Convention and the Environmental Liability Directive, it becomes clear that the theoretical potential of horizontal private enforcement has not yet translated into practical application. In the final part of the paper, the author proposes several changes in policy, which would allow the complementary strong points of private and public enforcement to be better used. These policy recommendations include: further research into the complementarities of public and private enforcement; differentiation based on the scale of the environmental problem and the adoption of environmental laws by means of regulations instead of directives.

Author : Dorothy Gillies
Publisher : Routledge
ISBN 13 : 1317971663
Total Pages : 204 pages
Book Rating : 4.65/5 ( download)

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Download or read book A Guide to EC Environmental Law written by Dorothy Gillies and published by Routledge. This book was released on 2014-07-10 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: EC law is now a pervasive part of the legislation affecting business, government agencies, the voluntary sector and the individual citizen across the whole of the European Union. This uniquely comprehensive and accessible guide provides a simple and practical explanation of the most important aspects of EC environmental law. In straightforward terms it introduces the EC and its institutions and explains where EC environmental law and policy can be found. It discusses the main environmental laws relating to air and noise, chemicals and industrial risks, nature conservation, waste and water, and explains how these laws can be used to ensure environmental protection. The book also explains the EC's law-making procedures and discusses the stages at which lobbying can be used to influence the content of future EC environmental laws. Useful case studies and suggestions for further reading for those wishing to research a particular area are also included. This book will be an invaluable source of reference and practical guidance for lawyers, business, local government, environmental groups and all those needing to understand and use EC law in this area. Dorothy Gillies is a lawyer and lecturer in law at the University of Glasgow. She has worked in the European Parliament and in the European Commission's Directorate-General XI for Environment, Nuclear Safety and Civil Protection. Originally published in 1998

Author : Ludwig Krämer
Publisher : Edward Elgar Publishing
ISBN 13 : 9781783479931
Total Pages : 0 pages
Book Rating : 4.30/5 ( download)

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Download or read book Enforcement of Environmental Law written by Ludwig Krämer and published by Edward Elgar Publishing. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is becoming ever more apparent that the enforcement of environmental law is a key problem of environmental law and policy. While the number of legal instruments at international, European and national level continue to increase, the actual enforcement of the relevant law remains insufficient, seriously impairing the effectiveness of environmental law. Based on the assumption that nothing undermines the credibility of public authorities more than law that is not applied, this research review analyses the most important articles on the enforcement of international, EU and national environmental law that approach the issue from multiple angles and endeavour to provide solutions for improvement. The review will be a valuable tool for scholars and practitioners as it provides acute insight into existing concerns and intends to stimulate discussion on possible ways to reform and bolster environmental law enforcement.