The Impact Of Environmental Concerns On The Public Enforcement Mechanism Under Eu Law

Author : Levente Borzsák
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041134085
Total Pages : 354 pages
Book Rating : 4.80/5 ( download)

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Download or read book The Impact of Environmental Concerns on the Public Enforcement Mechanism Under EU Law written by Levente Borzsák and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The European Union, with only 7.5% of the world's population, is responsible for a major part of the contamination of the planet, and is a major contributor to the problems of the global environment. Fortunately, Europe has both the capacity and the experience to fight effectively against these problems, even in this 'twenty-fifth hour' of environmental degradation. This timely book identifies some of the weaknesses of the public enforcement mechanism inherent in Articles 258-260 TFEU, and suggests how that mechanism could be improved in order to promote the overall effectiveness of EU law and environmental law in particular"--Provided by publisher.

Author : Stine Andersen
Publisher : OUP Oxford
ISBN 13 : 0191650048
Total Pages : 272 pages
Book Rating : 4.48/5 ( download)

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Download or read book The Enforcement of EU Law written by Stine Andersen and published by OUP Oxford. This book was released on 2012-11-29 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.

Author : Martin Hedemann-Robinson
Publisher : Routledge
ISBN 13 : 1135115850
Total Pages : 787 pages
Book Rating : 4.52/5 ( 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 787 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 : Paul Craig
Publisher :
ISBN 13 : 0198856644
Total Pages : 1344 pages
Book Rating : 4.41/5 ( download)

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Download or read book EU Law written by Paul Craig and published by . This book was released on 2020-07-21 with total page 1344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Respected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis.

Author : Martin Hedemann-Robinson
Publisher : Routledge
ISBN 13 : 1351066560
Total Pages : 84 pages
Book Rating : 4.63/5 ( download)

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Download or read book Enforcement of International Environmental Law written by Martin Hedemann-Robinson and published by Routledge. This book was released on 2018-07-16 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international community has generated several hundred multilateral environmental agreements, yet it has been far less successful in developing means to ensure that contracting parties honour them in practice. The subject of law enforcement has traditionally attracted relatively little attention amongst international policy-makers at the formation stage of a multilateral environmental accord. Commonly, the question of how to secure collective adherence to environmental treaty regimes might well only be considered in depth at a much later stage of an environmental agreement’s evolution, if at all. At the same time, the significance of the issue of enforcement has gradually received more considered attention by states and international institutions. Providing an analysis of the nature, extent and current state of the international legal framework concerned with enhancing effective implementation of international environmental law, this book considers the scope and impact of international rules of law whose remit is to require or promote compliance by states with their international environmental legal obligations.

Author : Paul Craig
Publisher : Oxford University Press, USA
ISBN 13 : 0199576998
Total Pages : 1317 pages
Book Rating : 4.99/5 ( download)

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Download or read book EU Law: Text, Cases, and Materials written by Paul Craig and published by Oxford University Press, USA. This book was released on 2011-08-18 with total page 1317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of EU Law: Text, Cases, and Materials provides clear and insightful analysis of European Law accompanied by carefully chosen extracts from a range of materials. This edition looks in detail at the way in which the Treaty of Lisbon has radically changed both the institutional and substantive law of the European Union.

Author : Damilola S.Olawuyi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506652
Total Pages : 659 pages
Book Rating : 4.54/5 ( download)

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Download or read book Practical Considerations to Negotiate an Enforceable Joint Operating Agreement under Civil Law Jurisdictions written by Damilola S.Olawuyi and published by Kluwer Law International B.V.. This book was released on 2019-12-18 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because agreements concerning oil and gas upstream activities have historically been developed in common law jurisdictions, a growing concern for the petroleum industry is that a some upstream investment might not be enforceable in a civil law jurisdiction to the extent the same standards/concepts are used without any adaptation. This is why it is essential to understand and analyse how to implement a Joint Operating Agreement in civil law countries. This new edition of this unique in-depth treatment of JOAs under civil law offers a new abundance of practical considerations addressing enforceability issues in a wide variety of civil law jurisdictions likely to be conducting joint operations among two or more parties. The country-by-country analysis helps greatly in ensuring that such issues and topics as the following will be covered in a contract subject to civil law: obligations and liabilities; relationship of the parties; exclusive operations; force majeure; hardship; and host granting instrument. A useful appendix to this new edition is dedicated to a wealth of short practical comments and specific guidance. The first edition of this book presented the first JOA edited book to address the essential requirements from a large variety of civil law perspectives. This new edition offers a broader and more complete discussion of the latest legal developments with respect to the legal framework and principles underpinning JOAs in more civil law countries. It analyses the main issues that the petroleum industry and its investors might face in civil law jurisdictions with actual or potential large oil and gas reserves, and as such it is a unique and immensely valuable source of information and guidance for oil and gas law practitioners, legal counsel, and business and commercial negotiators involved in transnational operating agreements around the world.

Author : Sandra Cassotta
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141979
Total Pages : 280 pages
Book Rating : 4.72/5 ( download)

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Download or read book Environmental Damage and Liability Problems in a Multilevel Context written by Sandra Cassotta and published by Kluwer Law International B.V.. This book was released on 2012-03-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interest at different decision-making levels (EU, international and national) in using liability as an element in solving the legal problems of environmental harm. The interest is founded on the necessity to take into account of complex inter-dependencies and interrelationships between the environmental media at global, regional and national levels. In an effort to implement the aims of sustainable development, new views of the traditional liability instrument have to be applied. The book focuses on the Environmental Liability Directive 2004/35/EC (the so-called “ELD”) on the prevention and remedying of environmental damage, and evaluates as to whether the ELD has achieved its goals and maintained its ambitions in terms of environmental protection, and what the optimal level of harmonization in terms of environmental protection is. In order to address the question of research of this book, an interdisciplinary framework of analysis and methodology combining political science and law are developed. Since environmental damage is a multidimensional and multidisciplinary problem, par excellence, a multidisciplinary approach is required. Consequently, the use of a multidisciplinary method, combining together in a systematic and rigorous fashion, law, political science, technical elements of economy, insurance law and natural science, is, in the research design of this study, necessary, in a view of tackling the topic in a scientific problem solving-oriented approach. The book draws the overall conclusions by suggesting proposals for amendments and recommendations to be utilized for possible redrafting of the ELD’s provisions for the time when the ELD will be object of a procedure of revision. This book will be of interest to practitioners in EU law and EU Environmental law, international environmental law, legal experts on the law of environmental liability, specialists within international organizations but also by political scientists, economists, insurance law specialists, and natural scientists.

Author : Nina Claudia Miron
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403525673
Total Pages : 461 pages
Book Rating : 4.79/5 ( download)

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Download or read book European Union Case Law on the Birds and Habitats Directives written by Nina Claudia Miron and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy and Environmental Law and Policy Series Despite the remarkable scope of EU conservation policy, and notwithstanding 30 years of relevant case law, nature in the EU continues to decline. This comprehensive book, focusing on the EU’s core legislation on nature, the Birds and Habitats Directives, presents a detailed summary and analysis of the two directives as interpreted by the Court of Justice of the European Union. The book’s systematic structure provides the crucial details of a large body of cases decided by the Court following legal actions taken by the European Commission or preliminary references submitted by national courts. It enables a clear procedural understanding of how nature cases are brought before the Court and how the Court approaches matters such as the burden of proof and the entitlement of environmental associations to litigate disputes. Among the salient areas of analysis are the following: the requirements for including sites within Natura 2000, the largest network of protected nature areas in the world; the obligations to conserve Natura 2000 sites and protect them from damage, including through procedural and substantive assessment requirements for plans and projects; requirements concerning unlawful or illegal activities; the strict protection requirements that apply to wild birds and other species, together with related derogation provisions; requirements to protect habitats in the wider countryside and interlinkages between the nature directives and directives on impact assessment, water, and environmental liability; challenges addressed or influenced by the Court, such as defects in Member State transposition, problems of monitoring and enforcing compliance, and dealing with harmful and benign subsidies; procedures used to bring cases to the Court, including direct actions by the Commission and preliminary references from national courts. According to the 2020 Global Risk Report of the World Economic Forum, biodiversity loss will be one of the biggest threats facing humanity in the next ten years. If nature is to have any hope of recovering and prospering, strict application of existing nature conservation rules is of utmost importance, especially as a recent evaluation shows that, although the EU nature directives are fit for purpose, implementation on the ground is lagging behind. By setting out the case law systematically and explaining what compliance with specific requirements entails, this book makes a signal contribution to nature conservation practice. Lawyers, policymakers, and NGOs working in the domain of nature conservation will greatly benefit.

Author : Veerle Heyvaert
Publisher : Edward Elgar Publishing
ISBN 13 : 1788119630
Total Pages : 416 pages
Book Rating : 4.34/5 ( download)

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Download or read book Research Handbook on Transnational Environmental Law written by Veerle Heyvaert and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating Research Handbook offers a detailed overview and critical discussion of the key themes and perspectives that characterize the burgeoning research area of transnational environmental law. Varied perspectives from leading and emerging scholars are brought together to deliver methodological and conceptual frameworks for future research, whilst providing an original view on this emerging field of law.