The Polluter-Pays Principle and Site Ownership: the European Jurisprudential Developments and the Italian Experience

2016 ◽  
Vol 13 (2) ◽  
pp. 218-237 ◽  
Author(s):  
Francesco Goisis ◽  
Linda Stefani
Keyword(s):  
European Court Of Justice ◽  
Present Contribution ◽  
Causal Contribution ◽  
Environmental Liability ◽  
Italian Experience ◽  
Court Of Justice ◽  
European Court ◽  
Polluter Pays Principle

Drawing upon the European Court of Justice jurisprudence on the Environmental Liability Directive, the present contribution intends to discuss the prospects for establishing a relation of coherence between the polluter-pays principle and remediation procedures; throughout the discussion, a particular attention will be dedicated to the legislative and jurisprudential perspective of Italy on the position of the soil owner with respect to remediation of pollution he did not contribute to. Recent jurisprudential developments conferred new impulse to the debate revolving around the scope and significance of the polluter-pays principle; in particular, ecj, case C-534/13 offers scope to discuss the possibility of, and profitability for, the codification of a benchmark for soil owner’s liability: the conferral of a “warranty position” to the soil owner may eventually be grounded on the assessment of his causal contribution by means of omission.

scholarly journals Recent Case Law of The Romanian Courts of Law And The European Court of Justice Related To The Objective Environmental Liability

2021 ◽  
Vol 15 ◽  
pp. 66-71
Author(s):  
Cristian Mares ◽  
Constanta Mătusescu
Keyword(s):  
Case Law ◽  
European Court Of Justice ◽  
Recent Period ◽  
Economic Interests ◽  
Political Role ◽  
Environmental Liability ◽  
Court Of Justice ◽  
European Court ◽  
Polluter Pays Principle ◽  
Court Of Appeal

Although the economic interests have played a major political role in the recent period, in a number of litigations the courts applied the “polluter pays” principle and rendered favorably judgments to the claimants which suffered a damage caused by pollution. In this respect, it is worth analyzing the case law of the European Court of Justice which has recently provided the presumption of liability for pollution of the operators which operates installations on land adjacent to a polluted area. As the Romanian case law is concerned, given the novelty of the framework of an objective environmental liability and the low number of cases related to this issue, it is to be developed a constant jurisprudence as the decision rendered by the Romanian Court of Appeal as of March 9, 2009, which forced a polluter to remedy totally and in kind the damage caused to an individual’s house.

scholarly journals The Case Law of the European Court of Justice on Access to Justice in the Aarhus Convention and Its Implications for Switzerland

2014 ◽  
Vol 11 (4) ◽  
pp. 348-366
Author(s):  
Astrid Epiney ◽  
Benedikt Pirker
Keyword(s):  
Case Law ◽  
European Court Of Justice ◽  
Access To Justice ◽  
Present Contribution ◽  
Court Of Justice ◽  
European Court ◽  
Aarhus Convention ◽  
Scope Of Application ◽  
The Right

The present contribution assesses the case law of the European Court of Justice interpreting the provisions of the Aarhus Convention relating to access to justice. Cases have dealt with the temporal scope of application of provisions on access to justice, projects implemented by specific acts of national legislation and their exclusion from the obligations under the Convention, interim relief and the effet utile of provisions on access to justice, the range of possible pleas for judicial review, the role of procedural errors, permissible costs of proceedings, access to justice for environmental associations under different provisions of the Convention and the annulment of a permit and its relationship with the right to property. As is also shown, this case law is at the same time relevant – though not binding – for Switzerland as a non-eu Member State, but party to the Convention.

A Progressive Interpretation of the Environmental Liability Directive

2005 ◽  
Vol 2 (4) ◽  
pp. 257-267
Author(s):  
Pal Wenneras
Keyword(s):  
Environmental Law ◽  
European Court Of Justice ◽  
Environmental Damage ◽  
Judicial Activism ◽  
Environmental Liability ◽  
Court Of Justice ◽  
European Court ◽  
The Subject ◽  
Core Issues ◽  
Damage Prevention

AbstractThis article focuses on the interpretation of Directive 2004/35 on the prevention and remedying of environmental damage (Environmental Liability Directive). It singles out eight core issues which are likely to become the subject of future litigation before the European Court of Justice. These are the Directive's scope, exceptions and defences, failures to implement associated Directives, biodiversity damage, orphan damage, prevention, remediation, and enforcement. The analysis is informed by the judicial activism employed by the Court in recent years. The Court's approach has safeguarded the effectiveness of environmental directives, and their compatibility with general principles of EC environmental law. It is argued that the Court will apply a similar teleological approach as regards the Environmental Liability Directive, which should bring about a more stringent regime than its wording at first glance might suggest.

Fighting for Authority: Strategic Actions of National High Courts in the European Union

2019 ◽  
Vol 12 (2-2019) ◽  
pp. 419-433
Author(s):  
Stefanie Vedder
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Principal Agent Theory ◽  
Strategic Actions ◽  
High Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lower Courts

National high courts in the European Union (EU) are constantly challenged: the European Court of Justice (ECJ) claims the authority to declare national standing interpretations invalid should it find them incompatible with its views on EU law. This principle noticeably impairs the formerly undisputed sovereignty of national high courts. In addition, preliminary references empower lower courts to question interpretations established by their national ‘superiors’. Assuming that courts want to protect their own interests, the article presumes that national high courts develop strategies to elude the breach of their standing interpretations. Building on principal-agent theory, the article proposes that national high courts can use the level of (im-) precision in the wording of the ECJ’s judgements to continue applying their own interpretations. The article develops theoretical strategies for national high courts in their struggle for authority.

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