EurUP - Zeitschrift für Europäisches Umwelt- und Planungsrecht

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The search returned 7 results.

Gabriele Wahl Cesarec

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 21 (2023), Issue 3, Page 262 - 274

In this article, the author elaborately reviews the legal framework regarding environmental protection and waste management in Croatia. There will also be a retrospect in some parts to how legislation and the general situation concerning the topic were before Croatia had joined the European Union and what the impact of the accession was on legislative and implementation in practice. An overview is given on obligations stemming from the Environmental Act, the Waste Management Act as well as The Act on the Protection of the Nature, including material and procedural rights and obligations. The author also gives an overview on the responsibility of legal persons for criminal offences. The article concludes with a brief review of the interaction between investments, e.g., in the sectors of tourism and energy on one hand and the environment on the other and an outlook to upcoming challenges.

Till Markus

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 19 (2021), Issue 4, Page 426 - 441

This article investigates the governance potential of different policies and laws addressing the issues arising out of large-scale farmland investments in low income countries (“land grabbing”). It interprets their development on the whole as a tentative effort by a set of different actors to forge an effective governance system. It is argued that the development of these laws and policies has largely been defined by three key features: 1) forming a better understanding of the complex issues arising out of large-scale farmland investments, 2) reframing these issues, the responsibilities of involved actors, and the purpose of regulation, and finally, 3) flexibly shifting modes of governance in view of ineffective national and international laws and institutions. All three strategies have contributed to establishing a set of transnational guiding principles and standards of care that will substantially increase legal accountability and have the potential to effectively change investment practices.

Karoline Linzbach

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 18 (2020), Issue 1, Page 93 - 105

With the amendment of the EEC Treaty by the Single European Act on 1 July 1987, environmental protection was incorporated into the Treaties (Art. 130r et seq. EEC Treaty; now Art. 191 et seq. TFEU). Parallel to the increasing anchoring of environmental protection in primary law, the matter lost political momentum. At the end of the 1980s, the willingness of the member states to enact stricter environmental regulations waned. While the 3rd and 4th Environmental Action Programme (1982–1986 and 1987-–992) were strategically oriented towards the setting of limit values, the 5th Environmental Action Programme (1993–2000) shows a shift from the focus on various environmental media in need of protection to control objectives, that are to be achieved by means of indirect control – above all cooperation, transparency and participation. This indirect control is primarily implemented through procedural law. This article is devoted to the limits of compatibility of proceduralisation with European primary law using the example of the most well-known procedural regulations of European environmental law: environmental information, environmental impact assessments and the Eco Management and Audit Scheme.

Astrid Epiney

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 2, Page 221 - 235

The purpose of the paper – tied in with the case law overview for the year 2017 – is to provide an overview of the environmental case law of the European Court of Justice for the year 2018. The objective is not to cover the entire case law but to highlight selected decisions deemed by the author to be of importance, with reference to some additional rulings in the footnotes. The focus is on summarising the latest developments and, where appropriate, briefly commenting on or placing the decisions in the context of existing case law. The author largely forgoes further reference to bibliographic sources.

Matthias Sauer

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 1, Page 33 - 43

The 20th Anniversary of the adoption of the Aarhus Convention gives reason for a brief overview on the implementation of the Convention’s three pillars on the level of the European Union and on the level of Germany as a party to the Convention. Following a description of the role of the Federal Ministry for the Environment, Nature Protection and Nuclear Safety in the Aarhus process, recent developments are highlighted, with special attention being paid to matters on access to justice.

Sina Fontana

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 15 (2017), Issue 4, Page 310 - 318

There are interfaces between the principles of the public-law contract and the principles of environmental law. Used in a targeted fashion the public-law contract may serve as a useful instrument as regards environmental protection. Thereby consideration must be given to the limits set by national and European law.

Astrid Epiney

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 15 (2017), Issue 2, Page 96 - 111

The purpose of the paper – tied in with the case law overview for the year 2015 – is to provide an overview of the environmental case law of the European Court of Justice for the year 2016. The objective is not to cover the entire case law but to highlight selected decisions deemed by the author to be of importance, with reference to some additional rulings in the footnotes. The focus is on summarising the latest developments and, where appropriate, briefly commenting on or placing the decisions in the context of existing case law. The author largely forgoes further reference to bibliographic sources.

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