Eu Environmental Principles And Scientific Uncertainty Before National Courts

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EU Environmental Principles and Scientific Uncertainty before National Courts

Mariolina Eliantonio,Emma Lees,Tiina Paloniitty
EU Environmental Principles and Scientific Uncertainty before National Courts Book PDF

Author : Mariolina Eliantonio,Emma Lees,Tiina Paloniitty
Publisher : Bloomsbury Publishing
Page : 425 pages
File Size : 48,7 Mb
Release : 2023-04-20
Category : Law
ISBN : 9781509948208

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EU Environmental Principles and Scientific Uncertainty before National Courts by Mariolina Eliantonio,Emma Lees,Tiina Paloniitty Pdf

This comparative book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directives-the core of EU nature conservation law-are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 current and former EU Member States' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts' scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles. How have the courts evaluated scientific evidence, encompassing its essential uncertainties? This book answers this and many more questions pertinent to EU environmental law, comparative environmental law, administrative law, and STS studies. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.

Principles of European Environmental Law

Richard Macrory,Ian Havercroft,Avosetta Group of European Environmental Lawyers,Ray Purdy
Principles of European Environmental Law Book PDF

Author : Richard Macrory,Ian Havercroft,Avosetta Group of European Environmental Lawyers,Ray Purdy
Publisher : Europa Law Publishing
Page : 272 pages
File Size : 55,9 Mb
Release : 2004
Category : Law
ISBN : 9076871264

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Principles of European Environmental Law by Richard Macrory,Ian Havercroft,Avosetta Group of European Environmental Lawyers,Ray Purdy Pdf

The precautionary principle, the polluters pay principle, and similar principles have become embedded in the language of contemporary environment policy. In this important new study, leading European experts in environmental law consider the legal significance of such environmental principles, both in jurisprudential theory and in practice before the courts. The development of the principles within the European Treaty is considered as well as the approach of the European Court of Justice to their interpretation. But it is the interpretation of environmental principles in front of national courts within Europe that forms the heart of the study, with chapters covering a number of the key Europe jurisdictions. The study, the first of its kind, presents a dynamic picture of environmental case law across Europe.

EU Environmental Principles and Scientific Uncertainty before National Courts

Mariolina Eliantonio,Emma Lees,Tiina Paloniitty
EU Environmental Principles and Scientific Uncertainty before National Courts Book PDF

Author : Mariolina Eliantonio,Emma Lees,Tiina Paloniitty
Publisher : Bloomsbury Publishing
Page : 425 pages
File Size : 52,6 Mb
Release : 2023-04-20
Category : Law
ISBN : 9781509948215

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EU Environmental Principles and Scientific Uncertainty before National Courts by Mariolina Eliantonio,Emma Lees,Tiina Paloniitty Pdf

This comparative book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directives-the core of EU nature conservation law-are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 current and former EU Member States' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts' scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles. How have the courts evaluated scientific evidence, encompassing its essential uncertainties? This book answers this and many more questions pertinent to EU environmental law, comparative environmental law, administrative law, and STS studies. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.

EU Environmental Law and the Internal Market

Nicolas de Sadeleer
EU Environmental Law and the Internal Market Book PDF

Author : Nicolas de Sadeleer
Publisher : OUP Oxford
Page : 550 pages
File Size : 52,5 Mb
Release : 2014-01-09
Category : Law
ISBN : 9780191663505

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EU Environmental Law and the Internal Market by Nicolas de Sadeleer Pdf

For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.

Environmental Principles

Nicolas de Sadeleer
Environmental Principles Book PDF

Author : Nicolas de Sadeleer
Publisher : Oxford University Press
Page : 640 pages
File Size : 42,8 Mb
Release : 2020-10-30
Category : Law
ISBN : 9780192582669

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Environmental Principles by Nicolas de Sadeleer Pdf

This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.

National Courts and EU Environmental Law

J. H. Jans,Richard Macrory,Ángel Manuel Moreno Molina
National Courts and EU Environmental Law Book PDF

Author : J. H. Jans,Richard Macrory,Ángel Manuel Moreno Molina
Publisher : Unknown
Page : 0 pages
File Size : 55,5 Mb
Release : 2013
Category : Conflict of laws
ISBN : 9089521283

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National Courts and EU Environmental Law by J. H. Jans,Richard Macrory,Ángel Manuel Moreno Molina Pdf

This book will look at the 'remedial capacity' of the doctrines direct effect, consistent interpretation and state liabilityfrom from the perspective of the national court applying them.

European Environmental Law

Suzanne Kingston,Veerle Heyvaert,Aleksandra Čavoški
European Environmental Law Book PDF

Author : Suzanne Kingston,Veerle Heyvaert,Aleksandra Čavoški
Publisher : Cambridge University Press
Page : 563 pages
File Size : 53,8 Mb
Release : 2017-07-20
Category : Law
ISBN : 9781107014701

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European Environmental Law by Suzanne Kingston,Veerle Heyvaert,Aleksandra Čavoški Pdf

A critical and contextual overview of European environmental law examining today's key environmental challenges alongside traditional topics.

European Environmental Law

J. H. Jans,Hans Vedder
European Environmental Law Book PDF

Author : J. H. Jans,Hans Vedder
Publisher : Unknown
Page : 584 pages
File Size : 52,5 Mb
Release : 2012
Category : Adaptation (Biology)
ISBN : 9089521054

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European Environmental Law by J. H. Jans,Hans Vedder Pdf

"Taking into account new case law of the European courts, recent environmental directives and regulations, and the new provisions of the Lisbon Treaty, this book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EU environmental policy, and on what principles are directives and regulations based upon? To what extent [are] EU environmental regulations more stringent [than] national environmental standards? What are the requirements the Court of Justice has imposed on the member states implementing environmental directives? How and to what extent can European environmental law be relied upon and challenged before national courts and the European courts? How do the Treaty rules on the internal market and undistorted competition interfere with national environmental policy? Answers to these and other questions can be found in this book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretations. Futhermore, national case law on the application of European environmental law is also ... taken into account"--Provided by publisher.

Environmental Rights in Europe and Beyond

Sanja Bogojevic,Rosemary Rayfuse
Environmental Rights in Europe and Beyond Book PDF

Author : Sanja Bogojevic,Rosemary Rayfuse
Publisher : Bloomsbury Publishing
Page : 298 pages
File Size : 50,8 Mb
Release : 2018-08-23
Category : Law
ISBN : 9781509911103

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Environmental Rights in Europe and Beyond by Sanja Bogojevic,Rosemary Rayfuse Pdf

The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.

European Environmental Law

Jan Hendrik Jans,Hans Hermann Bernard Vedder
European Environmental Law Book PDF

Author : Jan Hendrik Jans,Hans Hermann Bernard Vedder
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2024
Category : Environmental law
ISBN : 9462513341

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European Environmental Law by Jan Hendrik Jans,Hans Hermann Bernard Vedder Pdf

This leading monograph on European Environmental Law is now completely updated and revised. This book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EU environmental policy and on what principles are directives and regulations based upon? To what extent precludes EU environmental regulation more stringent national environmental standards? What are the requirements the Court of Justice has imposed on the Member States implementing environmental directives? How and to what extent can European environmental law be relied upon and challenged before national courts and the European Courts? How do the Treaty rules on the internal market and undistorted competition interfere with national environmental policy? Answers to these and other questions can be found in this book.

Litigating for the Environment

Reinhard Slepcevic
Litigating for the Environment Book PDF

Author : Reinhard Slepcevic
Publisher : Springer Science & Business Media
Page : 239 pages
File Size : 50,6 Mb
Release : 2010-11-09
Category : Political Science
ISBN : 9783531919997

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Litigating for the Environment by Reinhard Slepcevic Pdf

This book is the result of doctoral studies that I started in October 2004. At the outset, I only knew that I wanted to work on interest groups and litigation in the context of the European Union. At that time, I would not have believed that I would find myself some time later touring half Western Europe to interview environmental organisations, nor that I would read French, German and Dutch court rulings on the protection of endangered species whose names were completely unknown to me. Yet I never regretted my choice of topic, and hopefully the following chapters will convince the reader that it is indeed a topic that merits our attention. I would not have been able to cope with all the pitfalls of a long research project without the strong and enduring support of my friends and colleagues. Both personally and academically, I have profited enormously from my three years as a doctoral student at the department of political science at the Institute for Advanced Studies (Institut für Höhere Studien) in Vienna, Austria. I am very much indebted to Gerda Falkner, Oliver Treib, Sylvia Kritzinger and Irina Michalowitz for organising such a great programme which allowed me and my colleagues to engage in intensive discussions with outstanding academic scholars such as Alec Stone-Sweet, Paul Pierson, James Caporaso, Frank Schimmelfennig, Klaus Goetz, Andrea Lenschow, Katharina Holzinger and Hellen Wallace.

Implementing the Precautionary Principle

Nicolas de Sadeleer
Implementing the Precautionary Principle Book PDF

Author : Nicolas de Sadeleer
Publisher : Routledge
Page : 434 pages
File Size : 41,6 Mb
Release : 2012-05-04
Category : Political Science
ISBN : 9781136563225

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Implementing the Precautionary Principle by Nicolas de Sadeleer Pdf

From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS

European Union Environmental Law

Peter G.G. Davies
European Union Environmental Law Book PDF

Author : Peter G.G. Davies
Publisher : Taylor & Francis
Page : 328 pages
File Size : 49,8 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351938242

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European Union Environmental Law by Peter G.G. Davies Pdf

This comprehensive book provides analysis and discussion on the following key issues in EU environmental law: environmental competence, principles and objectives, implementation and enforcement, nature protection, impact assessment, trade and the environment, waste management, climate change and the EU. An accessible work for all students of the subject both academic or professional.

Casebook on EU Environmental Law

Ludwig Krämer
Casebook on EU Environmental Law Book PDF

Author : Ludwig Krämer
Publisher : Bloomsbury Publishing
Page : 482 pages
File Size : 52,5 Mb
Release : 2002-08-30
Category : Law
ISBN : 9781847312297

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Casebook on EU Environmental Law by Ludwig Krämer Pdf

This book comments on fifty key judgments which the Court of Justice and the Court of First Instance have given on European Community environmental law. For each judgment,the facts and procedures are described, followed by an extract of the essential parts of the judgment and a commentary which places the judgment in its legal, environmental and political context and develops the lines of reasoning of the Court. The fifty cases selected cover all substantive and procedural aspects of Community environmental law, as regards the provisions of the EC Treaty (cases 1 to 9), horizontal problems (cases 10 to 18), water and air (cases 19 to 25), products and noise (cases 26 to 32), nature protection (cases 33 to 38), waste management (cases 39 to 45) and procedural questions (cases 46 to 50). Particular emphasis is laid on commenting on recent judgments: thus, the oldest case discussed dates from 1991 and 43 of the 50 judgments date from 1996 or later. The book provides a clear insight into the jurisdiction of the European Courts; it will be of particular use to practitioners of national and Community environmental law, researchers, law students and administrators. It is written in a comprehensible style which also makes it a useful tool for non-lawyers who deal with European Community environmental law and policy.

European Environmental Law

J. H. Jans
European Environmental Law Book PDF

Author : J. H. Jans
Publisher : Unknown
Page : 488 pages
File Size : 42,7 Mb
Release : 2000
Category : EU-ret
ISBN : UCAL:B5121768

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European Environmental Law by J. H. Jans Pdf

This leading monograph on European Environmental Law now completely updated and revised. Taking into account the changes of the 'Amsterdam Treaty', new case law of the Court of Justice and recent environmental directives and regulations. Prof. Jans acclaimed book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EC environmental policy and on what principles are directives and regulations based upon? To what extent preclude EC environmental directives more stringent national environmental standards? What are the requirements the Court of Justice has imposed on the Member States implementing environmental directives? To what extent can European environmental law be relied upon and challenged before national courts and the Court of Justice? How do the Treaty rules on the Internal Market and undistorted competition interfere with national environmental policy? Answers to these questions can be found in prof. Jans' book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretation. Various national case law on the application of European environmental law is being taken into account. About the author: Prof. Jans (1956) teaches EU law at the Europa Instituut of the law faculty of the University of Amsterdam. He is a member of the Dutch Commission on Environmental Impact Assessment, Vice-Chairman of the Appeal Committee of the Dutch Cartel Authority, and honorory judge at the Assen District Court. He is also member of the editorial boards of the Journal of Environmental Law, SEW, Legal Issues of Economic Integration and The Columbia Journal of European Law.