The End of European Union Environmental Law: An Environmental Programme for the Anthropocene

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.


2018 ◽  
Vol 4 (2) ◽  
pp. 77-89
Author(s):  
Anna Kęskiewicz

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.


elni Review ◽  
2017 ◽  
pp. 17-24
Author(s):  
Thomas Ormond

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.


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