scholarly journals On Regulatory Power, Compliance, and the Role of the Court of Justice in EU Environmental Law

2020 ◽  
pp. 475-500 ◽  
Author(s):  
Marjan Peeters ◽  
Mariolina Eliantonio
Keyword(s):  
Environmental Law ◽  
Court Of Justice

IMPACT OF THE ROLE OF THE JURISPRUDENCE OF THE EUROPEAN UNION COURT OF JUSTICE IN THE FIELD OF ENVIRONMENTAL PROTECTION

2018 ◽  
Vol 4 (2) ◽  
pp. 77-89
Author(s):  
Anna Kęskiewicz
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
Point Of View ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Law ◽  
Law Making

The use of dogmatic-legal, empirical and linguistic semantics methodology is focused on sharing for better understanding of the law. Therefore, views on European jurisprudence have been presented in the paper. Without a doubt, the law-making nature of European Union law takes into account the field of environmental protection. Articles in law define the tasks that are important from the point of view of European legislation. The written nature of these determinants of the reasoning of the possibilities of environmental protection plays an important role in the interpretation of environmental law.

The Court of Justice of the European Union as a Transnational Actor through Judicial Review of the Territorial Scope of EU Environmental Law

2019 ◽  
Vol 21 ◽  
pp. 128-161
Author(s):  
Ioanna HADJIYIANNI
Keyword(s):  
European Union ◽  
Animal Welfare ◽  
Judicial Review ◽  
Environmental Law ◽  
State Sovereignty ◽  
Controversial Issues ◽  
The European Union ◽  
Court Of Justice ◽  
Transnational Actor

AbstractWhen courts are faced with questions regarding the territorial scope of internal legislation, they are required to engage with controversial issues pertaining to the permissible boundaries of regulatory reach, which go beyond traditional conceptions of state sovereignty and non-intervention on which the functioning of courts is normally based. This Article examines the role of the Court of Justice of the European Union (‘CJEU’) in reviewing the legality and interpretation of the extraterritorial reach of EU environmental law, including animal welfare. It assesses the extent to which judicial review by the CJEU serves as a transnational mechanism for addressing legitimacy concerns raised by the unilateral exercise of EU regulatory power beyond EU borders.

Compliance with European Environmental Law—Deficiencies and Approaches: The Role of the Court of Justice of the European Union

2012 ◽  
Vol 9 (1) ◽  
pp. 91-107 ◽  
Author(s):  
Christoph Sobotta
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Legal System ◽  
Environmental Law ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
The Supreme Court ◽  
Environmental Considerations

The article discusses the contribution of the ECJ to the reduction of compliance deficiencies with regard to European environmental law. The Court is not a specialised environmental court but the supreme court of the European multilevel legal system. Therefore its contribution is primarily characterised by a concern for effective and uniform application of EU law in general while specific environmental considerations do not figure as prominently.

The European Union

2019 ◽  
pp. 148-170
Author(s):  
Markus Gehring ◽  
Freedom-Kai Phillips ◽  
Emma Lees
Keyword(s):  
European Union ◽  
Water Conservation ◽  
Environmental Law ◽  
Access To Information ◽  
The European Union ◽  
Implementation Framework ◽  
Member States ◽  
Court Of Justice ◽  
The Eu

This chapter examines the environmental law of the European Union. It first provides an overview of the early development of EU environmental law and its Treaty bases before discussing the structure and substance of EU environmental law. In particular, it considers both the transversal elements of environmental law (environmental principles, access to information and justice, environmental impact assessment, principles of liability) and its regulation of various areas such as chemicals/waste, water, conservation, air pollution, and climate change. It also explores the EU’s indirect and other influences on the environmental law of its Member States, as well as the implementation framework for the EU environmental law. The chapter concludes with an analysis of the administration of European environmental law, with emphasis on the role of Member States in administrative enforcement and the role of the Court of Justice of the European Union in the development of environmental policy across the EU.

Excessive Data Collection as a Form of Anticompetitive Conduct: The German Facebook Case

2021 ◽  
pp. 0003603X2199702
Author(s):  
Anne C. Witt
Keyword(s):  
Data Collection ◽  
Competition Law ◽  
Federal Court ◽  
Digital Platforms ◽  
High Profile ◽  
Court Of Justice ◽  
Federal Court Of Justice ◽  
Constitutional Right ◽  
Abuse Of Dominance

In a high-profile decision of February 6, 2019, the German Federal Cartel Office prohibited Facebook’s data collection policy as an abuse of dominance for infringing its users’ constitutional right to privacy. The case triggered a remarkable interinstitutional dispute between the key players in German competition law. Conflicting rulings by the Düsseldorf Higher Regional Court and the German Federal Court of Justice further illustrate how deeply divided the antitrust community is on the role of competition law in regulating excessive data collection and other novel types of harm caused by dominant digital platforms. This contribution discusses the original prohibition decision, the ensuing court orders, and legislative reform proposals in the broader context of European Union and U.S. competition law.

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