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.

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.

15. Environmental law and policy

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Nature Conservation ◽  
Endangered Species ◽  
Environmental Protection ◽  
Environmental Law ◽  
The European Union ◽  
International Context ◽  
Law And Policy ◽  
Environmental Law And Policy

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.

Part II The Treaty-Makers, 6 Who Can Make Treaties? The European Union

2020 ◽  
Author(s):  
Cremona Marise
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
International Treaty ◽  
Multilateral Agreements ◽  
International Responsibility ◽  
The Impact ◽  
Mixed Agreements ◽  
The Eu

This chapter examines the EU’s robust and complex treaty-making. The first section deals with the EU’s treaty-making capacity from the perspective of EU law, and then of international treaty practice. It examines the ways in which international treaty-making practice has accommodated EU participation in bilateral and in multilateral agreements. The second section discusses the legal effects of treaties concluded by the EU, first as regards the EU legal order, including their enforcement and interpretation by the Court of Justice of the European Union and the legal effects of mixed agreements. A discussion of the impact of EU treaty-making on the powers of the Member States follows: through the doctrines of exclusivity and pre-emption, the impact of EU law on treaties concluded by the Member States, and finally EU treaty-making from the perspective of international responsibility.

The European Union, Fisheries and ‘Due Regard’ in the EEZ: Some Reflections

2019 ◽  
Vol 34 (1) ◽  
pp. 89-96
Author(s):  
Frederik Naert
Keyword(s):  
European Union ◽  
Arctic Ocean ◽  
Marine Protected Areas ◽  
Eu Law ◽  
The European Union ◽  
Central Arctic Ocean ◽  
The Third ◽  
Institutional Settings ◽  
The Impact ◽  
The Eu

Abstract This contribution addresses some particular aspects of fisheries and some specificities of the European Union (EU) in this field. The first section explains how institutional settings in the framework of which all states concerned can discuss mutual rights and obligations, including the ‘due regard’ obligation in the exclusive economic zone (EEZ), have been established in the field of fisheries. The second section presents two examples of situations in which the ‘due regard’ obligation has given rise to discussion: the negotiations on an Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean and discussions on Marine Protected Areas and other similar areas. In the third section, a few issues that are particular to the EU are identified, including the competences transferred to the EU and their external exercise by the EU and the impact of EU law on relations between Member States in their respective EEZs.

scholarly journals Complex ecological branch of law in terms of globalization

2021 ◽  
Vol 2 (2) ◽  
pp. 14-20
Author(s):  
Lydmyla Dobroboh
Keyword(s):  
European Union ◽  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Regulation ◽  
Green Economy ◽  
The European Union ◽  
National Legislation ◽  
Environmental Relations ◽  
The Impact

The article deals with study of the impact of globalization on the development of a complex branch of environmental law. A significant development of science and technology in the modern world, the relative "development of the planet" and globalization processes necessitate the solution of qualitatively new scientific and applied problems and, in particular, the need to take into account the intensive development of world industry, limited natural resources and environmental requirements. and social mobility. The author has analyzed the most important historical events, implementation of international norms on environmental protection to national legislation. A particular attention has been paid to the development of the idea of environmental protection in European law in the second half of XX century and the separation within it of European environmental law. Recently, such important issues as the management of genetically modified organisms, the management of waste and hazardous chemicals, the reduction of harmful emissions into the atmosphere and water pollution have been regulated. This state of legal regulation of environmental relations at the level of international law has a positive impact on the national legislation of the Member States of the European Union and other states that have taken the European direction of development, including Ukraine. One of the important areas of cooperation between the European Union and Ukraine is the joint solution of problems in the field of environmental management and environmental protection. It has been concluded that the international legal regulation of environmental relations is a system of purposeful actions of subjects of international law, aimed at the rational use of nature and environmental protection in order to preserve it for present and future generations. The green economy is a priority for the European Union.

The Impact of EU law on National Judiciaries: Polish Administrative Courts and their Participation in the Process of Legal Integration in the EU

2011 ◽  
Vol 12 (3) ◽  
pp. 930-956
Author(s):  
Urszula Jaremba
Keyword(s):  
European Union ◽  
Main Role ◽  
Eu Law ◽  
The European Union ◽  
National Courts ◽  
Administrative Courts ◽  
The Impact ◽  
Total Impact ◽  
Legal Integration ◽  
The Eu

Since May 2004 Polish administrative courts have passed a great deal of judgments in which the law of the European Union (formerly European Community law) has played either the main role or a subsidiary role in the proceedings. This article seeks to examine how the above-mentioned courts comply with the expectations which are put on them by EU law and how they participate in the process of legal integration within the EU. In this context, the author scrutinizes how the national judiciary adjudicating in the administrative law area understands, interprets, employs and applies the systemic principles of EU law such as: supremacy, and (in) direct effect and effectiveness. In addition, the participation of national courts in the process of a dialogue with the Court of Justice of the European Union through the preliminary ruling procedure is captured. The analysis is not aimed at being exhaustive and focuses solely on the total impact of EU law on the national judiciary and the general trends in the judicial application of EU law, that is to say the overall reception of EU law and the dimension of the EU-friendliness displayed by Polish administrative courts.

scholarly journals Organizacja administracji ochrony środowiska w Polsce i Unii Europejskiej

2014 ◽  
Vol 12 (2) ◽  
pp. 105-119
Author(s):  
Maciej Jabłoński
Keyword(s):  
European Union ◽  
Member State ◽  
Environmental Protection ◽  
Legal System ◽  
Eu Law ◽  
The European Union ◽  
Acquis Communautaire ◽  
Member States ◽  
The Will ◽  
The Eu

The organization of environmental protection in Poland and the European Union is a mutual connection of competencies and a correlation of systems and rights according to national and EU laws. The legal system of the EU is the result of decades of cooperation undertaken by the will of the Member States known as the acquis communautaire. EU law has primacy over national law, which in practice means that in the event of a conflict between the provisions of national law and EU law, the national law is deemed inapplicable and needs to be adjusted by the Member State.

scholarly journals Agency Design in the European Union

2010 ◽  
Vol 28 (2) ◽  
pp. 309 ◽  
Author(s):  
Herwig C.H. Hofmann
Keyword(s):  
European Union ◽  
Member State ◽  
Legal System ◽  
Eu Law ◽  
The European Union ◽  
Future Perspectives ◽  
Law And Policy ◽  
Multi Level ◽  
Agency Design ◽  
The Eu

This article gives a brief overview of the main features, functions and future perspectives of agencies in the European Union [EU]. It highlights the specific notion of the EU’s highly integrated, multi-level legal system as an explanatory factor for the specificities of agency design. The article looks at agencies in the EU through the lens of the structural and procedural arrangements for their independence and their accountability. The article comes to the conclusion that, generally speaking, accountability and independence are defined by and adapted to the position of an agency within the structure of administrative networks implementing EU law and policy. Their raison d’être is usually to coordinate Member State implementing activities rather than taking on these responsibilities themselves.Cet article présente un bref aperçu des caractéristiques principales, des fonctions et des perspectives d’avenir d’agences au sein de l’Union Européenne [UE]. Il met en évidence la notion particulière que les spécificités de la façon dont les agences sont structurées s’expliquent par le fait que le système juridique de l’UE est hautement intégré et à niveaux multiples. L’article examine des agences de l’UE dans la perspective des arrangements structuraux et procéduraux en vue de leur indépendance et de leur obligation de rendre compte. L’article conclut que de façon générale l’obligation de rendre compte et l’indépendance sont définies par, et adaptées à, la position d’une agence dans le cadre des réseaux administratifs qui appliquent la loi et les politiques de l’EU. Leur raison d’être est généralement de coordonner les activités d’application des États Membres plutôt que d’être chargées elles-mêmes de ces responsabilités.

15. Environmental law and policy

2021 ◽  
pp. 542-576
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Nature Conservation ◽  
Endangered Species ◽  
Environmental Protection ◽  
Environmental Law ◽  
The European Union ◽  
International Context ◽  
Law And Policy ◽  
Environmental Law And Policy

This chapter examines 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.

scholarly journals La incidencia del desarrollo de la Unión Europea en las categorías del derecho público francés = The impact of the development of the European Union in the french public law categories

2013 ◽  
pp. 125
Author(s):  
Vlad Constantinesco
Keyword(s):  
European Union ◽  
Public Law ◽  
Eu Law ◽  
Legal Systems ◽  
The European Union ◽  
The Status ◽  
Important Notion ◽  
The Impact ◽  
The Eu

La construcción de la Unión Europea ha interactuado sistemáticamente con los ordenamientos jurídicos nacionales, de los que procede. El conjunto de reglas que vienen del Derecho de la UE ha desafiado las nociones básicas y las viejas categorías jurídicas construidas por los sistemas jurídicos nacionales. Este artículo analiza el impacto de la legislación de la UE sobre la importante noción de la soberanía-consustancial, en Francia, a la noción de Estado y, en segundo lugar, se examinan las consecuencias que la legislación de la UE podría producir sobre la situación de los nacionales franceses, que se han convertido, desde el Tratado de Maastricht, en ciudadanos de la Unión Europea. Los dos términos de la importante relación política, Estado y ciudadanos, se encuentran sin duda bajo la influencia del Derecho de la Unión Europea.The construction of the European Union has consistently interacted with national legal orders which it proceeds. The set of rules coming from EU Law has challenged the basic notions and the old legal categories built by national legal systems. This article considers the impact of EU law on the important notion of sovereignty - consubstantial, in France, to the notion of State and, secondly, examines what consequences the EU law could produce regarding the status of French nationals, which have become, since the Treaty of Maastricht, citizens of the European Union. The two terms of the major political relation: State and citizen, are definitely under EU Law influence.

Sign in / Sign up

Export Citation Format

Share Document