EurUP - Zeitschrift für Europäisches Umwelt- und Planungsrecht

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The search returned 2 results.

Robert H.D. Reimer

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 20 (2022), Issue 2, Page 165 - 176

The article “the waste hierarchy in packaging law” copes with the concept of the waste hierarchy in European and German law and lines out its special modifications in packaging law. Since packaging law has its own special provision on the waste hierarchy, the general provision of circular economy law is modified in multiple ways. These modifications concern especially the categories of measures under the waste hierarchy and the priorisation of those measure categories. The analysis shows that the measure category of “reusing packaging” has to be considered as a measure category sui generis within the scope of packaging law. Furthermore it is lined out that a teleological reduction of the so-called principle of equality, which describes the equality of measure categories on the second level of the waste hierarchy in packaging law, is facing critical arguments, so that an adaption to the five-level waste hierarchy in general circular economy law would be preferable through an amendment by the European legislator.

Julian Philipp Seibert

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 15 (2017), Issue 3, Page 264 - 269

The provision for the conservation of excavated humus in § 202 of the German code of building law is generally considered to aim at soil protection. However it has additional relevance in the context of waste management law: The excavated humus generally constitutes waste in the legal sense and is thereby subject to the provisions of corresponding regulations. § 202 of the German code of building law accordingly concretises the principles set up by the European waste hierarchy, which have been implemented in § 6 of the German code of recycling management.

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