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L egal roles played by environmental law principles in EU environmental law

L egal roles played by environmental law principles in EU environmental law. Madelene Eriksson Sebastian Multala Evita Stanga Carmen de Ridder. Preventive. Preventive action should be taken 191(2 ) TFEU & Directive 2004/35/CE Objectives p revent damage ex-ante

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L egal roles played by environmental law principles in EU environmental law

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  1. Legal roles played by environmental law principles in EU environmental law Madelene Eriksson Sebastian Multala Evita Stanga Carmen de Ridder

  2. Preventive Preventive action should be taken 191(2) TFEU & Directive 2004/35/CE • Objectives • prevent damage ex-ante • create liability for damage • for individuals • for member states • Gabčíkovo-Nagymaros

  3. Preventive British Beef (UK v Commission1996) • Ban on export of UK beef • UK challenge to annul decision • ECJ found challenge inadmissible Legal roles • Preventive function • Efficiency function • Attribution of liability

  4. Precautionary Art 191 (2) TFEU • Objectives • to prevent environmental damage • caused by measures taken • in the absence of scientific consensus on the risks

  5. Precautionary PfizerC-13/99 • additives to feeding stuffs for animals MonsantoC-236/01 • concerning GMO’s Legal roles • Preventive • Procedural • shifts the burden of proof

  6. Rectification Environmental damage should be rectified at source 191(2) TFEU • Objectives • Correct the nature of the damaging activity • Emission standards > environmental quality standards • Intervention by public authorities

  7. Rectification Walloon Waste (C-2/90 Commission v Belgium 1992) • Based partly on “rectification at source” Legal roles • Interpretive function • Enforcement function • Efficiency function • Preventive function

  8. Polluter pays Financial Restitationary, not punitive 191(2) TFEU Environmental Liability Directive 2004/35/CE • Costs • of remedying pollution < after • of prevention policy < before • reflected in costs of • goods & services • production & consumption

  9. Polluter pays Competent authorities • calculate & recover Security instruments Waste Framework Directive 2008/98/EC • identify polluter • minimize waste & costs • Protect polluters State aid • Cartiere del garda C-273/51 1993

  10. Sustainable development Definition • No internationally agreed • Most quoted - Brundtlands Commission Preamble of the Treaty Example case • Gabčikovo-Nagymaros Dam Legal roles • Balancing • Interpretive • General/guiding

  11. Conclusion • Principles have direct practical roles • Closely linked to each other • Form a legal basis for (future) environmental law

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