Enforcement of European Union Environmental Law--Legal issues and challenges. Edited by MARTIN HEDEMANN-ROBINSON

2008 ◽  
Vol 20 (2) ◽  
pp. 328-330
Author(s):  
A. Ross

The contributions, by eminent scholars, included in The Indian Yearbook of Comparative Law 2016 discuss the discipline of comparative law in India and is of immense importance for legal scholarship around the globe. Unlike the West, that has covered almost all aspects of law from private to public law matters of national, transnational, and international relevance, not much work has been done in the discipline of Comparative law in India. In view of the countries and people of the world coming closer day by day, the need for the comparative study of law is becoming a sine qua non for participation in almost all transactions among people living across the globe. The attempt made with this volume will not only meet the much-awaited need of having reading materials on comparative law, but will also create a forum for legal scholars around the world to express their views on different aspects of law in comparative perspective. The issues covered her range from comparative legal methods to comparison in different aspects of law in different countries, as well as transnational and international bodies such as European Union and the various bodies of the United Nations. The issues covered include corporate law, constitutional law, human rights, environmental law, globalization, democracy, privatization, and several other contemporary legal issues.


Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise and reliable guides for students at all levels. The eleventh edition of European Union Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. It also features a new chapter on the EU and its relationship with third countries, including the UK. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, further reading suggestions and the new ‘Brexit checklist’ feature help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts, general principles, free movement of goods and persons and citizenship.


2021 ◽  
Author(s):  
Sarah Langstädtler

This treatise examines and compares the remedy in the Federal Highway Act (FStrG), Grid Expansion Acceleration Act (NABEG) as well as in the Determination of a Final Nuclear Disposal Site Act (StandAG) in terms of ensuring an effective remedy to enforce environmental law. Particularly the concentrated remedy in the NABEG proves to be conflictual. There are reasonable doubts whether it guarantees a sufficiently effective judicial protection concerning the enforcement of environmental law. This leads to questions regarding its compatibility with international law (especially the Arhus Convention) and European Union law.


2011 ◽  
Vol 9 (1) ◽  
pp. 69-79
Author(s):  
Iliana Genew-Puhalewa

This study attempts to characterize terminology unification in the European Union legislation, regarding both content and form. It analyzes terms related to the thematic field of environmental law in four official EU languages: two Slavic (Bulgarian and Polish) and two non-Slavic (Modern Greek and English). Different types of relations between the languages under comparison suggest possible directions for further comparative study. The comparison aims to identify differences and similarities in the componential structure, formal-grammatical structure, word formation structure, form variantivity, origin and formal status. The study may also testify to the presence of linguistic convergence processes in the multilingual European Union.


Author(s):  
Maljean-Dubois Sandrine

This chapter addresses the European Union (EU) as a preeminent example of a regional organization and its role in international environmental law. It first examines the progressive affirmation of EU competence in the environmental field and its development of a distinctive environmental policy. The chapter then turns to the external dimension of EU environmental competence, discussing the EU's participation in and enforcement of international environmental law, as well as the general question of whether the EU can be said to have an external environmental policy. The EU internal environmental policy expands on the international stage. Even if it lacks the internal structures and resources fully and effectively to assume a role as a global environmental leader, the EU participates in environmental negotiations, concludes and implements international treaties, and exercises its ‘soft power’ to promote the development and implementation of international environmental law. The chapter concludes with some brief reflections on other regional organizations and their distinctions from the largely sui generis EU example.


Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes

This chapter provides a brief overview of how the EU shapes UK environmental law and policy. It begins by providing an introductory guide to EU law, outlining the key institutions of the EU, the different sources of EU law, and how EU law is made. The chapter then proceeds to look at the more substantive elements of EU law as they affect environmental protection, starting with the policy and constitutional bases for EU environmental law, and gives a flavour of the scope of EU environmental legislation, before considering the scope for national standards to exceed those set at EU level or to disrupt trade between the Member States. This is followed by a discussion of the challenges faced in making EU environmental law work, and then with some thoughts on the impact of Brexit and how this may shape UK environmental law.


Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

This chapter reviews environmental law and policy in the European Union, considering Union powers and the international context. It discusses the framework for Union environmental law and policy; environmental principles; European Union environmental law by sector; trade in endangered species; nature conservation; environmental protection implementation and enforcement; and environmental litigation.


Author(s):  
Torremans Paul

This chapter examines the choice of law rules governing immovables. There are a range of circumstances in which the English courts may have jurisdiction (either under common law or European Union rules) over cases which require the determination of legal issues relating to foreign immovable property. These include cases where the question of title arises incidentally in a personal claim against a defendant, or in the administration of a trust, will or divorce over which the English courts have jurisdiction, or in the context of a claim for trespass over foreign land. This chapter first considers the law of the situs rule before discussing specific issues relating to choice of the law applicable to immovables, focusing in particular on the capacity to take and transfer immovables, formalities of alienation, essential validity of transfers, and contracts.


2020 ◽  
Vol 11 (4) ◽  
pp. 781-789
Author(s):  
Oliver BARTLETT

This contribution will draw on the literature that has accumulated on how the Court of Justice of the European Union (CJEU) has responded to the European Banking Union, which was established in similar crisis circumstances that now face the European Union (EU) in the age of COVID-19, to illustrate the legal issues on which the CJEU’s input will be particularly important in the shaping of any future European Health Union. This contribution will highlight three legal issues in particular: the interpretation of EU Treaty provisions in the health field; the scope of EU competence; and the powers of EU institutions and agencies. This contribution will argue that the CJEU case law to date on health issues is encouraging with respect to competence and agencies, but more cautious with respect to the Treaty’s health provisions.


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