EurUP - Zeitschrift für Europäisches Umwelt- und Planungsrecht

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The search returned 2 results.

Jan Henrik Klement

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 3, Page 327 - 345

On the field of waste management the framework of administrative legal competences and the distinction between the public and the private sector have remained essentially unchanged since the implementation of the Waste Management Act of 1996 in Germany. This applies notwithstanding the fact that the factual assumptions on which the law is based were already outdated at the beginning and have been subject to constant change since then. European Waste Management Law has substantially influenced the legal concepts of waste, recycling and disposal and established the idea of a resource management, but still remains neutral in the allocation of competences. Not surprisingly, consistency and coherence of the law as in force are facing serious doubts. One of the core thesis of this article is that jurisprudence should contribute to ending the almost proverbial "battle for waste" between public and private entities in Germany by participating in interdisciplinary research.

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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