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Offering a detailed account of the various legal arrangements at European Union level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principal sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines the practical impact of the legal arrangements at Union level that are used to uphold EU environmental norms. Offering a comprehensive account of the current state of EU environmental law enforcement and the developments affecting it, Martin Hedemann-Robinson explores the role of the European Commission, the possibilities for private law enforcement, and the responsibilities of member state national authorities. Key legal developments that have occurred since the first edition have been incorporated, including new statutory developments and case law. Particular attention is paid to the impact of the 2007 Lisbon Treaty on foundational EU treaty provisions enabling the European Commission to take legal action against EU member states infringing Union environmental law, the establishment of a new legal architecture at Union level on the topic of environmental criminal policy, as well as increased EU legislative intervention in the area of environmental inspections. The impact of the 1998 Århus Convention on EU environmental law enforcement is also addressed in detail, including the influence of recommendations of the Århus Convention’s Compliance Committee.
'Environmental Criminal Liability and Enforcement in European and International Law' assesses the legal, theoretical and practical implications of interstate cooperation aimed at harmonising environmental criminal law standards. It analyses the rationales for criminalisation of environmental offences and the approaches to harmonisation under specific European and international legal instruments.
This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.
This provides not only a summary of the criminal prosecution of environmental law in the various countries, but also addresses differences and similarities in practice with respect to environmental criminal law. A critical analysis of the answers is also provided."--Jacket.
The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.
This book brings together the findings of a multi-disciplinary and international research project on environmental crime in Europe, funded by the European Union (EU). “European Union Action to Fight Environmental Crime" (EFFACE) was a 40-month research project that included eleven European research institutions and think tanks and was led by Ecologic Institute Berlin. EFFACE assessed the impacts of environmental crime as well as effective and feasible policy options for combating it from a multidisciplinary perspective, with a focus on the EU. As part of this project, numerous instances of environmental crime within and outside of the EU were studied and are now presented in this volume. This edited collection is highly innovative in showing not only the many facets of environmental crime, but also how it should be conceptualised and the consequences. An original and rigorous study, this book will be of particular interest to policy makers and scholars of green criminology and environmental studies.
EU Environmental Law discusses the reality for legal practice throughout the EU, as environmental law of the Member States is becoming ever less 'national'. Consequentially European environmental regulation is becoming more complex and interrelated, making it an emerging field of study for European law graduates, and an area of increasing exposure to the legal profession. This book gives readers a thorough overview of core European environmental law, with a section on the basic framework and principles, as well as on substantive law issues giving insight into the legislation in the different sectors and the most topical developments.
This book provides a range of perspectives from some of the leading environmental academics and practitioners active in Europe today on some of the most pressing contemporary challenges in EU environmental law and governance. The book considers issues such as climate change, the challenge of integrating environmental considerations into other policy areas, and improving environmental enforcement within the EU. The book contains contributions from experts in the field including Mary Robinson, Alan Boyle, Ludwig Kramer and Liam Cashman, and will be of interest to academics, students and practitioners of EU environmental law.
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.
A critical and contextual overview of European environmental law examining today's key environmental challenges alongside traditional topics.