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INTRODUCTION TO EU ENVIRONMENTAL LAW. OVERVIEW. ORIGINS OF EU LAW EUROPEAN INSTITUTIONS ENVIRONMENTAL DECISION-MAKING ENVIRONMENTAL COMPETENCES IMPLEMENTATION AND ENFORCEMENT. I. ORIGINS OF EU LAW. EU ENVIRONMENTAL LAW .

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Introduction to eu environmental law

INTRODUCTION TO EU ENVIRONMENTAL LAW


Overview

OVERVIEW

  • ORIGINS OF EU LAW

  • EUROPEAN INSTITUTIONS

  • ENVIRONMENTAL DECISION-MAKING

  • ENVIRONMENTAL COMPETENCES

  • IMPLEMENTATION AND ENFORCEMENT


I origins of eu law

I. ORIGINS OF EU LAW


Eu environmental law

EU ENVIRONMENTAL LAW

  • EU Environmental law is based on a particular administrative law framework

    • Rights, decision-making procedures, standing, implementation, enforcement = EU law based

  • The importance of legal culture in understanding EU environmental law


Origins

ORIGINS

  • Law-centered union

    • Treaty of Rome (1958)

    • Single European Act (1987)

    • Treaty of Maastricht (1992)

    • Constitutional Treaty (2004 - failed)

    • Treaty of Lisbon (2009)

  • From simple €€€ rights to social rights


Treaty of lisbon

Treaty of Lisbon

  • Treatyof the European Union (TEU)

  • Treatyof the Functioningof the EU (TFEU)

  • Charter


Ii european institutions

II. EUROPEAN INSTITUTIONS


A sui generis type of union

A sui generis type of union

  • Key Institutions:

    • European Council

    • Council

    • Commission

    • Parliament

    • EU Courts (General Court and Court of Justice)

  • Institutional cooperation and balance


  • European council art 15 teu

    European Council, Art 15 TEU


    Council art 16 teu

    COUNCIL, ART 16 TEU


    Commission art 17 teu

    COMMISSION, ART 17 TEU


    Parliament art 18 teu

    PARLIAMENT, ART 18 TEU


    Eu courts art 19 teu

    EU COURTS, ART 19 TEU


    Who brings the cases

    WHO BRINGS THE CASES?

    Pre-Lisbon: Art 230(4) EC

    ‘Any natural or legal person, may, under the same conditions, institute proceedings against a decision addressed to that person or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former’


    Key case law

    KEY CASE LAW

    • T-585/93 Greenpeace v Commission

    • T-219/95 Danielssonv Commission

    • C-50/00 UPA

      • AG Jacobs

    • T-177/01 Jégo


    Winds of change

    WINDS OF CHANGE?

    Post-Lisbon: Art 263(4) TFEU

    ‘Any natural or legal person may…institute proceedings against an act addressed to that person or which is of direct and individual concern to them, and against a regulatory act which is of direct concern to them and does not entail implementing measures’


    Jurisprudential definitions

    JURISPRUDENTIAL DEFINITIONS

    • ‘REGULATORY ACT’:

      • T-18/10 Inuit v Commission

    • ‘IMPLEMENTING MEASURES’

      • T-16/04 Arcelorv Parliament and the Council


    Rhus convention

    ÅRHUS CONVENTION

    • Dir 2003/35/EC access to justice

      • Art 9(2), (4) of Convention

    • Dir 2003/4/EC access to information

    • Regulation 1367/2006

      • Judicial review provisions


    Court access via national courts

    COURT ACCESS VIA NATIONAL COURTS

    • C-263/08 Djurgården

      • ‘wide access to justice’

      • Render EU law effective

    • C-115/09 Trianel

    • C-240/09 LesoochranarskeZoskupenie


    Iii environmental decision making procedures

    III. ENVIRONMENTAL DECISION-MAKING PROCEDURES


    Eu environmental laws

    EU ENVIRONMENTAL LAWS

    • Primary

      • Treaty of the EU

      • Treaty of the Functioning of the EU

      • Charter

    • Secondary

      • Regulation

      • Directive

      • Decision

      • Recommendations


    Ordinary legislative process simplified

    ‘ORDINARY’ LEGISLATIVE PROCESS: SIMPLIFIED


    Effect of eu environmental law

    EFFECT OF EU ENVIRONMENTAL LAW

    • SUPERMACY

      • 6/64 Costa vEnel

        • …the law stemming from the treaty, an independent source of law, could not, because of its special and original nature, be overridden by domestic legal provisions, however framed, without being deprived of its character as community law and without the legal basis of the community itself being called into question

      • 11/70 Int. Handelsgesellschaft


    Effect of eu environmental law1

    EFFECT OF EU ENVIRONMENTAL LAW

    • DIRECT EFFECT

      • C-26/62 Van Gend den Loos

        • ‘The Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields, and the subject of which compromise not only member states but also their nationals. Independently of the legislation of Member States, Community (today EU) law may therefore not only impose obligations on individuals but is also intended to confer upon them rights which become part of their legal heritage.’

      • FRANKOVICH – PRINCIPLE


    Iv environmental competences

    IV. ENVIRONMENTAL COMPETENCES


    Why do competences matter

    WHY DO COMPETENCES MATTER?

    THE PRINCIPLE OF CONFERRED POWERS:

    • Art 13 TEU: ‘Each institution shall act within the limits of the powers conferred by the Treaty’

  • LEVEL OF PROTECTION (TO HARMONISE OR NOT TO HARMONISE)

  • DECISION-MAKING PROCESS


  • Environmental legal basis title xx

    ENVIRONMENTAL LEGAL BASIS: TITLE XX

    • ARTICLE 191 TFEU

      • Objectives (NB ‘climate change’), principles, policies, harmonisation, external relations

    • ARTICLE 192 TFEU

      • Ordinary legislative procedure

      • Derogations from art. 289 TFEU

      • Implementation


    External competences

    EXTERNAL COMPETENCES

    • Art 191 (4) TFEU

      • Cooperate with 3rd countries/int. organisations

      • NB: Art 191(4) ‘without prejudice to Member States’ competence to negotiate in int. bodies and to conclude international agreements’

      • Mixed agreements

      • IMPLICIT: case law

    • Art 2 (d) and (f) TEU


    Harmonisation

    HARMONISATION

    General rule:

    • As long as national laws haven’t been harmonised, MS are free to pursue any environmental policy of their own, under the condition that the provisions do not breach the Treaty

    • Art 193 TFEU

      Total harmonisationv minimal harmonisation

  • Case C-329/95 VAG Sverige AB


  • V principles in eu environmental law

    V. PRINCIPLES IN EU ENVIRONMENTAL LAW


    Environmental principles in eu law

    ENVIRONMENTAL PRINCIPLES IN EU LAW

    • Art 191(2) TFEU

      • Precautionary principle

      • Prevention principle

      • Ratification at source

      • Polluter pays

    • Sustainable development

    • Subsidiarity principle

    • Integration principle


    Precautionary principle

    PRECAUTIONARY PRINCIPLE

    • Justifies legal action also in cases of lack of causality according to:

      • ‘available scientific and technical data’

    • C-121/07 Commission v France

      • ‘fundamental principle’ of env protection

  • T-74/00 Artegodanv Commission

    • ‘general principle of Community law’


  • Prevention principle

    PREVENTION PRINCIPLE

    • ‘Prevention is better than cure’

    • Dir 94/62 on packing waste

      RECTIFICATION AT SOURCE

    • Dir 2008/105 on water standards (end-of pipe regulation)

    • Wallon Waste case


    Polluter pays

    POLLUTER PAYS

    • 1stEnv Action Programme

    • Environmental protection versus ‘unburdened’ trade

    • Dir 2003/87 – state aid and polluter pays concerns


    Subsidiarity principle

    SUBSIDIARITY PRINCIPLE

    • Art. 3 TFEU – exclusive competence

    • Art. 4 TFEU – shared competence; incl. the environment

    • Art. 5 (3) TEU – subsidiarity

    • Art. 5 (4) TEU – proportionality


    Integration principle

    INTEGRATION PRINCIPLE

    • Art. 11 TFEU

      • ‘Environmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting Sustainable Development’

      • Chernobyl I case

    • Art. 37 Charter

      • Only re ‘Union policies’, and ‘a high level of environmental protection’


    Sustainable development

    SUSTAINABLE DEVELOPMENT

    • Brundtland Report Rio de Janeiro ’92

    • Codified in the Lisbon Treaty:

      • Art. 3(3) TEU

      • Art. 11 TFEU

      • Art. 37 Charter

    • C-371/98 First Corporate Shipping, AG Léger:

      • SD means ‘the necessary balance between various interests which sometimes clash, but which must be reconciled’


    Vi implementation and enforcement

    VI. IMPLEMENTATION AND ENFORCEMENT


    Implementation

    IMPLEMENTATION

    • More than 200 EU environmental laws produced over the past 30 years - which require implementation?

    • Duty to implement:

      • Art. 192(4) TFEU

      • Art. 288 TFEU

      • Art. 4(3) TEU – duty of cooperation


    Implementation1

    IMPLEMENTATION

    • ‘Implementation deficit’

      • Political and practical aspects

      • national obligation

    • Innovation in implementation

      • Criminal law

      • Direct effect

      • Administrative methods

    • Innovation in regulatory methods


    Enforcement

    ENFORCEMENT

    • Obligation on the MS

    • Commission as the ‘guardian of the Treaties’

      • Art. 258 TFEU

        • Infringement – duty to take necessary steps to comply with the judgment

        • Financial sanctions

          • C-387/97 Commission v Greece

      • Art. 260(3) TFEU


    Goodie bag

    GOODIE BAG


    Summery

    SUMMERY

    • EU environmental law is based on an administrative law framework

    • Importance of legal culture:

      • Intersections between environmental law, the internal market, and the court

      • Explains why we regulate

    • Challenges of EU environmental law


    Possible sources for research

    POSSIBLE SOURCES FOR RESEARCH

    • JOURNALS

      • Journal of Environmental Law

      • European Environmental Law Review

      • RECIEL

      • Yearbook of European Environmental Law

      • European Energy and Environmental Law Review

    • COMMISSION WEBSITE

    • http://curia.europa.eu

    • SSRN

    • googlescholar.com


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