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Die umweltrechtliche Vorhabengenehmigung in Griechenland

Konstantinos Gogos


The environmental permission for projects in Greek law has been introduced in the course of implementation of the EIA Directive and is regarded as a direct expression of the principle of prevention, enshrined in article 24 of the Greek Constitution. The paper examines the procedural and substantive rules that govern the environmental permission, taking into particular account the new law 4014/2011 and the relevant jurisprudence of the Greek Council of State. Procedural rules provide for the participation of public bodies and the interested public; it should be noted that procedural breaches will almost invariably lead to the annulment of the permission. The main prerequisite for permission is the carrying out of an Environmental Impact Assessment that considers all environmental consequences of the project in conjunction with other projects in the area and examines feasible alternatives. The administration enjoys a wide margin of appreciation that is bound mainly by the principle of environmental sustainability, according to relevant jurisprudence. The lawmaker faces the challenge to expedite procedures in order to facilitate investment mainly by setting up procedural deadlines and integrating other environmentally relevant permissions. It remains to be seen whether these innovations will be successful.

Der Verfasser ist Professor an der Aristoteles-Universität Thessaloniki.

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