Schwerpunkt: Responsible Maritime Governance ∙ The Environmental Provisions of the EU Seaports Regulation journal article Eric Van Hooydonk Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 4, Page 437 - 451 Regulation (EU) 2017/352 of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports, or in short, the EU Seaports Regulation, governs access to the market for port services in the EU and the financial management of the European port system. In particular, it introduces a legal framework for the granting of market access rights by port managing bodies to service providers, allowing the latter to exercise their activities in ports. It also introduces transparency rules with respect to the public financing of port managing bodies and the collection of port service charges and port infrastructure charges. This paper addresses the context of the new legislation, its scope, the market access rules, the financial regime and the procedural guarantees, with an emphasis on the provisions that refer to environmental aspects.
The Environment as Legal Concept in the Law of the European Union journal article Anna-Julia Saiger Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 4, Page 517 - 529 How does European Union law define the concept of the environment? Different, partly contrary regulatory purposes, conceptual understandings and mechanisms permeate both primary and secondary EU environmental law. It mixes anthropocentric and non anthropocentric legal purposes with causal, media-related and vital regulatory approaches. The case law of the ECJ complements this heterogenous body of law. Lastly, the scope of the concept of the environment depends on the respective norm context. This article assesses the dynamic character of the concept of the environment and outlines the effects on the interpretation and implementation of environmental norms. To a certain extent, the environment as an external factor eludes regulatory influence. Therefore, from a legal perspective, a relational understanding of the term is needed. The article concludes that contradictions in the interpretation of the concept of the environment in EU law are reflected in the positioning of humans in relation to the environment. It calls for a discussion on this relationship to enable EU environmental law to establish a coherent regulatory approach and overcome obstacles in effective implementation of environmental protection.
Ausnahmen und Abweichungen von Zielen der Raumordnung – Effektive Instrumente eines neuen „Deutschlandtempos“? Martin Beckmann
