Milestones of Soil I Protection in EU Environmental Law

2006 ◽  
Vol 3 (3) ◽  
pp. 190-203 ◽  
Author(s):  
Irene L. Heuser
Keyword(s):  
Soil Compaction ◽  
Turning Point ◽  
Environmental Law ◽  
Habitats Directive ◽  
Soil Protection ◽  
Environmental Action ◽  
The European Union ◽  
Legal Situation ◽  
Action Programme ◽  
The Eu

AbstractThe current legal situation in the European Union does not provide a sufficiently effective framework to protect our soils against damages. The existing legislation covers some aspects of chemical and biological soil protection, e.g. in the sewage sludge directive, the Water Framework Directive, the IPPC Directive, the Habitats Directive as well as in waste management law, but it remains fragmented and focuses on safeguarding the soils as side effects. Furthermore, the requirements for the prevention of soil compaction, erosion, sealing and other physical threats of the soil are hardly considered by EU law. A turning point was marked by the 6th Environmental Action Programme with the intention to develop a specific EU strategy for soil protection (which is due to be published soon). According to reflections de lege ferenda (which could have a stimulating effect in this process), principles and instruments of EU soil protection law could be developed as elements of a targeted policy. The combination of regulative and non-regulative instruments, particularly consisting of those of planning, of direct and indirect behaviour control, of company organisation and of private law, could lead to a more effective protection of the soils. A closer look at these possible EU instruments might be interesting for the development of legal regimes of soil protection at the national and international level as well. These general considerations should be evaluated with regard to the EU competences and the principle of subsidiarity.

Umweltschutzrecht in Tschechien

2021 ◽  
Vol 67 (3) ◽  
pp. 298-317
Author(s):  
Veronika Tomoszková
Keyword(s):  
Environmental Law ◽  
The European Union ◽  
Negative Consequences ◽  
Totalitarian Regime ◽  
The Czech Republic ◽  
Parliamentary Elections ◽  
Political Perspective ◽  
Conditional Mode ◽  
State Of The Environment ◽  
The Eu

After 40 years of a totalitarian regime, the state of the environment in Czechoslovakia was catastrophic. The revolutions that swept through Central and Eastern Europe (CEE) in 1989/1990, including Czechoslovakia, sparked enthusiastic hopes for a better, democratic and perhaps “greener” future for this region. The major strategic goal of all the post-communist CEE countries was to join the European Union. The “eastern” enlargement was to take place under strict conditions in order to ensure that the EU does not suffer the negative consequences of an ill-prepared expansion. In the light of joining the EU, Czechoslovakia managed to adopt the whole series of progressive environmental legislation. However, after the parliamentary elections in June 1992 and the split of Czechoslovakia, environmental protection had to give way to economic growth and the overall transformation of society. This paper describes the development of Czech environmental law from a legal and a political perspective, providing examples illustrating the Czech Republic’s performance in implementing the EU environmental law and policy. After 17 years of membership in the EU, the Czech Republic and the implementation of the EU environmental law is still in conditional mode - the availability of the EU funds is the main leverage and motive to comply with the EU law.

Part VI Actors, Ch.37 Regional Organizations the European Union

2021 ◽  
Author(s):  
Maljean-Dubois Sandrine
Keyword(s):  
European Union ◽  
Environmental Policy ◽  
Environmental Law ◽  
General Question ◽  
The European Union ◽  
International Treaties ◽  
International Environmental Law ◽  
Regional Organizations ◽  
Environmental Negotiations ◽  
The Eu

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.

6. The European Union and the environment

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
National Standards ◽  
Eu Law ◽  
The European Union ◽  
Law And Policy ◽  
The Impact ◽  
Different Sources ◽  
The Eu

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.

scholarly journals A Soil Erosion Indicator for Supporting Agricultural, Environmental and Climate Policies in the European Union

2020 ◽  
Vol 12 (9) ◽  
pp. 1365 ◽  
Author(s):  
Panos Panagos ◽  
Cristiano Ballabio ◽  
Jean Poesen ◽  
Emanuele Lugato ◽  
Simone Scarpa ◽  
...  
Keyword(s):  
European Union ◽  
Soil Erosion ◽  
Soil Conservation ◽  
Soil Loss ◽  
National Level ◽  
Water Erosion ◽  
Soil Protection ◽  
Conservation Practices ◽  
The European Union ◽  
The Eu

Soil erosion is one of the eight threats in the Soil Thematic Strategy, the main policy instrument dedicated to soil protection in the European Union (EU). During the last decade, soil erosion indicators have been included in monitoring the performance of the Common Agricultural Policy (CAP) and the progress towards the Sustainable Development Goals (SDGs). This study comes five years after the assessment of soil loss by water erosion in the EU [Environmental science & policy 54, 438–447 (2015)], where a soil erosion modelling baseline for 2010 was developed. Here, we present an update of the EU assessment of soil loss by water erosion for the year 2016. The estimated long-term average erosion rate decreased by 0.4% between 2010 and 2016. This small decrease of soil loss was due to a limited increase of applied soil conservation practices and land cover change observed at the EU level. The modelling results suggest that, currently, ca. 25% of the EU land has erosion rates higher than the recommended sustainable threshold (2 t ha−1 yr−1) and more than 6% of agricultural lands suffer from severe erosion (11 t ha−1 yr−1). The results suggest that a more incisive set of measures of soil conservation is needed to mitigate soil erosion across the EU. However, targeted measures are recommendable at regional and national level as soil erosion trends are diverse between countries which show heterogeneous application of conservation practices.

Przyszłość Unii Europejskiej po Brexicie. Rosyjski punkt widzenia

2019 ◽  
Vol 1 ◽  
pp. 201-213
Author(s):  
Valentina Prudskaya
Keyword(s):  
European Union ◽  
Great Britain ◽  
Critical Analysis ◽  
Turning Point ◽  
Comparative Method ◽  
Media Discourse ◽  
The European Union ◽  
The United Kingdom ◽  
Desk Research ◽  
The Eu

In recent years, it is difficult not to notice the growing number of serious crises experienced by the European Union. It is clear that the old methods of overcoming crises in today’s reality do not work anymore. The United Kingdom European Union membership referendum in June 2016 (the so-called Brexit) can undoubtedly be called a special turning point in the existence and functioning of the EU. The aim of the article is to present, analyse and compare opinions and assessments created in the expert and academic environment in Russia on the future of the European Union after the referendum in Great Britain. Another goal is to find an answer to the question of what future of relations between the EU and Russia is expected by Russian researchers and experts. In the article the following research methods were used: desk research, critical analysis, comparative method and analysis of media discourse.

The EU as guarantor of environmental protection in Germany

elni Review ◽  
2017 ◽  
pp. 17-24
Author(s):  
Thomas Ormond
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
Modern Society ◽  
The European Union ◽  
Member States ◽  
Law And Policy ◽  
Main Instrument ◽  
Energy Community ◽  
The Eu

In recent years it has become fashionable again among politicians and publicists across Europe to practice ‘Brussels bashing’ and make the EU responsible for many ills of globalisation and modern society. This applies in particular to the field of environmental law. The European Union has been active in the field of environmental protection since the 1970s, i.e. since a time when there was no Union yet but a European Economic Community (EEC), a European Coal and Steel Community and a European Atomic Energy Community (Euratom). The EEC Treaty of 1957 did not know the term ‘environmental protection’ and for the next decades did not contain any explicit legislative competence for this subject matter. The main instrument of EU environmental policy is the directive. In the European context it means a framework law, as proposed by the EU Commission and adopted by the Council and the European Parliament, which the Member States have to transpose within certain deadlines into their national law, and specify and implement by their authorities into practice. The directive is binding as regards the objective (the result to be achieved) but leaves the choice of form and methods to the national authorities. It is estimated that 80% of current environmental law in Germany (as well as probably in other Member States) is determined by the European Union. The author of this article presents his thoughts on how the EU shapes Member State environmental law and policy, highlighting inter alia “innovation from Brussels” such as EIA, access to environmental information and climate protection, as well as the systematic and risk-based approach as hallmark of EU legislation.

Regulation of Nanomaterials in the EU: Proposed Measures to Fill in the Gap

2014 ◽  
Vol 5 (2) ◽  
pp. 228-235 ◽  
Author(s):  
David Azoulay ◽  
Vito Buonsante
Keyword(s):  
European Union ◽  
Environmental Law ◽  
The European Union ◽  
International Environmental Law ◽  
Eu Legislation ◽  
Hazard Risk ◽  
The Earth ◽  
The Eu

This report discusses a proposal fromthe Center for International Environmental Law(CIEL), ClientEarth and Friends of the Earth Germany (Bund) on the regulation of nanomaterials in the European Union. It discusses in particular, the proposal for a horizontal regulation on nanomaterials (also referred to as a nano-patch for existing legislation) that would fill in the regulatory gap on nanomaterials. The proposal goes beyond a review of the REACH text and encompasses all EU legislation relevant to nanomaterials. The proposed instrument would amend the REACH text with delimitation in scope to all areas relevant to nanomaterials (on the model of Regulation 1272/2008 on the classification, labelling and packaging of chemicals). The main aim of the regulation is to ensure that hazard, risk and exposure assessments for all forms and uses of such materials are adequately carried out and taken into consideration.

scholarly journals The (un)successful EU Environmental Policy

2020 ◽  
Vol 6 (1) ◽  
pp. 51-67
Author(s):  
Rafael Leite Pinto
Keyword(s):  
Sustainable Development ◽  
Environmental Policy ◽  
Sustainable Development Goals ◽  
Climate Change Policy ◽  
Environmental Action ◽  
The Sustainable Development ◽  
Action Programme ◽  
Development Goals ◽  
Environmental Measures ◽  
The Eu

The EU asserts itself as a leader when it comes to climate change policy. In this article, we analyze the EU’s environmental action regarding the 7th Environmental Action Programme 2020 and the Sustainable Development Goals (SDG’s) 2030 set by the UN. We synthesise the successes and failures of the EU’s environmental policy in the fields of emissions reduction, circular economy, biodiversity, energy policy and agricultural policy, with the goal of understanding where the EU is lacking and what, therefore, needs stronger measures to reach international goals and avoid an environmental catastrophe. We conclude that the EU will not reach most environmental targets set for 2020 and in order to achieve the 2030 Sustainable Development Goals, what changes need to be implemented to ensure stronger environmental measures.

scholarly journals Niemcy i Francja w Unii Europejskiej po brexicie

2018 ◽  
pp. 39-55 ◽  
Author(s):  
Józef M. Fiszer
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
Driving Force ◽  
Turning Point ◽  
Accurate Diagnosis ◽  
The European Union ◽  
The United Kingdom ◽  
History Of ◽  
The Eu

There is no doubt that Brexit is an unprecedented event in the history of European integration and the European Union (EU). It will certainly be a turning point not only in the history of the EU but also in Germany and France. It will affect their place and role in the new international order that is currently being shaped. Today, however, it is very difficult to present an accurate diagnosis, and even more difficult to predict the future of the EU, Europe and the whole world after Brexit. Currently, the opinions of researchers and experts on this subject are divided. Many fear that Brexit will be the beginning of the end of the EU and that it will lead to so-called diversified integration and then to its disintegration. Others believe that Brexit, nolens volens, may accelerate the EU’s modernisation process. This will require the adoption of a new revision treaty. This treaty will be developed under the dictation of Germany and France, which are the most influential countries in the EU.The purpose of this article is to answer a few questions, particularly what role  Germany and France can and will play in the EU after Brexit. Will these countries  again become the driving force in the process of European integration and the EU’s modernisation, or will they remain passive and contribute to the break-up of the EU? Moreover, the author intends to show the opportunities and threats for the EU  without the United Kingdom, which counterbalanced the influence of Germany and France in Europe.

scholarly journals Introducing strategic environmental assessment in Serbia with special reference to the European Union directive and infrastructure corridors

Spatium ◽  
2004 ◽  
pp. 35-40
Author(s):  
Tijana Crncevic
Keyword(s):  
European Union ◽  
Special Reference ◽  
Environmental Assessment ◽  
Strategic Environmental Assessment ◽  
Present Condition ◽  
The European Union ◽  
Technical Requirements ◽  
Legal Situation ◽  
Planning And Construction ◽  
The Eu

In July 2001, the European Union (EU) adopted the Directive 2001/42/EC of the European Parliament and the Council of 27 June 2001 on the Assessment of the Effects of Certain Plans and Programmes on the Environment, known as the Strategic Environmental Assessment (SEA) Directive. The EU countries will have three years, until July 2004, for the integration of the SEA Directive into national laws. The SEA Directive introduces procedural and technical requirements, according to which environmental assessment is compulsory for certain plans and programs but not for policies, except if they are a part of a plan, as well for plans and programs of national defence, civil emergencies, finance and budgets. According to the scope of the SEA Directive, environmental assessment is compulsory for plans and programs for infrastructure corridors ? transport, telecommunication and energy systems. In addition to the overview of the general framework for Strategic Environmental Assessment and the main requirements of the SEA Directive, the current situation in Serbia regarding the present condition of SEA is presented with special reference to the infrastructure corridors. One of the conclusions of this paper is that the main limitation for the implementation of SEA for plans and programs covering infrastructure corridors is the current legal situation. The main law which is supposed to introduce SEA has not been adopted yet, while the scope of the SEA within the new Planning and Construction Act includes SEA only for urban plans and does not cover, among others, plans for infrastructure corridors.

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