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Download or read book Constitutionalisation of Environmental Protection in EU Law written by Alicja Sikora and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author: Alicja Sikora
Publisher:
Published: 2020
Total Pages: 0
ISBN-13: 9789089522061
DOWNLOAD EBOOKThis book describes the unique process of legal evolution in the field of environmental law, which is denoted as constitutionalisation of the environmental protection in the EU legal order. This notion refers to the process of transformation of this particular area of law, which is reflected in its novel, autonomous features and materialised through the normative and jurisprudential elevation of environmental objectives and principles. In the course of recent years, environmental protection has evolved from a sectoral policy to one of the core, transversal principles of the EU legal order. Grasped through the prism of the principles of integration and coherence, environmental protection has become an all-present and influential aspect of EU legislation, while at the same time reaching the status of a fundamental value underlying the constitutional dimension of the European Union as a community of law. This book examines this process on the basis of comparative legal analysis, the current practice of EU institutions, and the recent case-law of the Court of Justice of the EU.
Download or read book Constitutionalisation of Environmental Protection in EU Law written by Alicja Sikora and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the unique process of legal evolution in the field of environmental law, which is denoted as constitutionalisation of the environmental protection in the EU legal order. This notion refers to the process of transformation of this particular area of law, which is reflected in its novel, autonomous features and materialised through the normative and jurisprudential elevation of environmental objectives and principles. In the course of recent years, environmental protection has evolved from a sectoral policy to one of the core, transversal principles of the EU legal order. Grasped through the prism of the principles of integration and coherence, environmental protection has become an all-present and influential aspect of EU legislation, while at the same time reaching the status of a fundamental value underlying the constitutional dimension of the European Union as a community of law. This book examines this process on the basis of comparative legal analysis, the current practice of EU institutions, and the recent case-law of the Court of Justice of the EU.
Author: Levente Borzsák
Publisher: Kluwer Law International B.V.
Published: 2011-01-01
Total Pages: 354
ISBN-13: 9041134085
DOWNLOAD EBOOK"The European Union, with only 7.5% of the world's population, is responsible for a major part of the contamination of the planet, and is a major contributor to the problems of the global environment. Fortunately, Europe has both the capacity and the experience to fight effectively against these problems, even in this 'twenty-fifth hour' of environmental degradation. This timely book identifies some of the weaknesses of the public enforcement mechanism inherent in Articles 258-260 TFEU, and suggests how that mechanism could be improved in order to promote the overall effectiveness of EU law and environmental law in particular"--Provided by publisher.
Download or read book The Impact of Environmental Concerns on the Public Enforcement Mechanism Under EU Law written by Levente Borzsák and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The European Union, with only 7.5% of the world's population, is responsible for a major part of the contamination of the planet, and is a major contributor to the problems of the global environment. Fortunately, Europe has both the capacity and the experience to fight effectively against these problems, even in this 'twenty-fifth hour' of environmental degradation. This timely book identifies some of the weaknesses of the public enforcement mechanism inherent in Articles 258-260 TFEU, and suggests how that mechanism could be improved in order to promote the overall effectiveness of EU law and environmental law in particular"--Provided by publisher.
Author: Giovanni Antonelli
Publisher: Springer Nature
Published: 2023-12-01
Total Pages: 348
ISBN-13: 3031415272
DOWNLOAD EBOOKThis book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.
Download or read book Environmental Law Before the Courts written by Giovanni Antonelli and published by Springer Nature. This book was released on 2023-12-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.
Author: Tim Hayward
Publisher: OUP Oxford
Published: 2004-12-16
Total Pages: 248
ISBN-13: 0191535311
DOWNLOAD EBOOKThis book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. The importance of securing provision for environmental protection at the constitutional level is now widely recognized. Globally, more than 100 states make some form of provision for environmental protection in their constitutions. A question more hotly debated, though, is whether the provision should take the stringent form of a fundamental right. This book is the first to examine the question from the perspective of political theory. It explains why the right to an environment adequate for one's health and well-being is a genuine human right, and why it ought to be constitutionalized. It carefully elaborates this case and defends it in closely argued responses to critical challenges. It thus shows why there is no insurmountable obstacle to the effective implementation of this constitutional right, and why constitutionalizing this right is not democratically illegitimate. With particular reference to European Union member states, it explains what this right adds to states' existing human rights and environmental commitments. It concludes by showing how constitutional environmental rights can serve to promote the cause of environmental justice in a global context. The book provides illustrations from around the world of how human rights and environmental concerns have been linked to date, and highlights precedents for the future development of a fundamental right to an adequate environment. It will be of value to policy-makers, lawyers, campaigners, and citizens concerned with environmental protection as a public interest and fundamental right. It will provide a valuable resource for students and teachers in politics, philosophy, law, environmental studies, and social sciences more generally. The book makes an original contribution to normative political theory by rethinking rights and justice in the light of contemporary issues and contexts.
Download or read book Constitutional Environmental Rights written by Tim Hayward and published by OUP Oxford. This book was released on 2004-12-16 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. The importance of securing provision for environmental protection at the constitutional level is now widely recognized. Globally, more than 100 states make some form of provision for environmental protection in their constitutions. A question more hotly debated, though, is whether the provision should take the stringent form of a fundamental right. This book is the first to examine the question from the perspective of political theory. It explains why the right to an environment adequate for one's health and well-being is a genuine human right, and why it ought to be constitutionalized. It carefully elaborates this case and defends it in closely argued responses to critical challenges. It thus shows why there is no insurmountable obstacle to the effective implementation of this constitutional right, and why constitutionalizing this right is not democratically illegitimate. With particular reference to European Union member states, it explains what this right adds to states' existing human rights and environmental commitments. It concludes by showing how constitutional environmental rights can serve to promote the cause of environmental justice in a global context. The book provides illustrations from around the world of how human rights and environmental concerns have been linked to date, and highlights precedents for the future development of a fundamental right to an adequate environment. It will be of value to policy-makers, lawyers, campaigners, and citizens concerned with environmental protection as a public interest and fundamental right. It will provide a valuable resource for students and teachers in politics, philosophy, law, environmental studies, and social sciences more generally. The book makes an original contribution to normative political theory by rethinking rights and justice in the light of contemporary issues and contexts.
Author: Mar Campins Eritja
Publisher: Routledge
Published: 2020-11-17
Total Pages: 186
ISBN-13: 1000284638
DOWNLOAD EBOOKThis book examines how the EU can be a more proactive actor in the promotion of the principles of sustainability and fairness from a legal environmental perspective. The book is one of the results of the research activity of the Jean Monnet Chair in EU Environmental Law (2017-2020) funded by the European Commission under the Erasmus+ programme. The European Union and Global Environmental Protection: Transforming Influence into Action begins with an introduction of the key EU competences, instruments and mechanisms, as well as the current international challenges at the EU level. It then explores case study examples from four regulated fields: climate change, biodiversity, multilateral trade, unregulated fishing, and access to justice; and four unregulated areas: mainstreaming of the Sustainable Development Goals in EU policies, and environmental justice, highlighting the extent to which the EU might align with international environmental regimes or extend its normative power. This volume will be of great relevance to students, scholars, and EU policy makers with an interest in international environmental law and policy.
Download or read book The European Union and Global Environmental Protection written by Mar Campins Eritja and published by Routledge. This book was released on 2020-11-17 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the EU can be a more proactive actor in the promotion of the principles of sustainability and fairness from a legal environmental perspective. The book is one of the results of the research activity of the Jean Monnet Chair in EU Environmental Law (2017-2020) funded by the European Commission under the Erasmus+ programme. The European Union and Global Environmental Protection: Transforming Influence into Action begins with an introduction of the key EU competences, instruments and mechanisms, as well as the current international challenges at the EU level. It then explores case study examples from four regulated fields: climate change, biodiversity, multilateral trade, unregulated fishing, and access to justice; and four unregulated areas: mainstreaming of the Sustainable Development Goals in EU policies, and environmental justice, highlighting the extent to which the EU might align with international environmental regimes or extend its normative power. This volume will be of great relevance to students, scholars, and EU policy makers with an interest in international environmental law and policy.
Author: Sanja Bogojevic
Publisher: Bloomsbury Publishing
Published: 2018-08-23
Total Pages: 320
ISBN-13: 150991109X
DOWNLOAD EBOOKThe growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.
Download or read book Environmental Rights in Europe and Beyond written by Sanja Bogojevic and published by Bloomsbury Publishing. This book was released on 2018-08-23 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.
Author: Richard Macrory
Publisher: ISBS
Published: 2006
Total Pages: 658
ISBN-13: 9789076871509
DOWNLOAD EBOOKMore than 30 years have passed since the first European Community environmental program was adopted in 1973, starting the work on what is now a vast body of Community law covering almost any aspect of environmental protection. This book assesses what has been achieved to date and what could be improved for the future. The inspiration for this book was a conference held in Bremen to mark the retirement of Ludwig Kramer from the European Commission. Dr. Kramer has been a key figure within the Commission from the earliest days of Community environmental law and policy. The current pressures of enlargement, economic downturns, and the debates over the proposed EU constitution may suggest that Community environmental policy is now at something of a crossroads. The book is a timely reminder of the very real achievements of Community environmental law to date-but equally it addresses critical questions concerning its future direction of development.
Download or read book Reflections on 30 Years of EU Environmental Law written by Richard Macrory and published by ISBS. This book was released on 2006 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 30 years have passed since the first European Community environmental program was adopted in 1973, starting the work on what is now a vast body of Community law covering almost any aspect of environmental protection. This book assesses what has been achieved to date and what could be improved for the future. The inspiration for this book was a conference held in Bremen to mark the retirement of Ludwig Kramer from the European Commission. Dr. Kramer has been a key figure within the Commission from the earliest days of Community environmental law and policy. The current pressures of enlargement, economic downturns, and the debates over the proposed EU constitution may suggest that Community environmental policy is now at something of a crossroads. The book is a timely reminder of the very real achievements of Community environmental law to date-but equally it addresses critical questions concerning its future direction of development.
Author: Marjan Peeters
Publisher: Edward Elgar Publishing
Published: 2020-06-26
Total Pages: 552
ISBN-13: 1788970675
DOWNLOAD EBOOKThis comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.
Download or read book Research Handbook on EU Environmental Law written by Marjan Peeters and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.
Author: Maria Lee
Publisher: Bloomsbury Publishing
Published: 2014-12-01
Total Pages: 466
ISBN-13: 1782254080
DOWNLOAD EBOOKA vast and diverse body of EU law addresses an enormous range of environmental matters. This book examines a number of areas of substantive EU environmental law, focusing on the striking preoccupation of EU environmental law with the structure of decision-making. It highlights the observation that environmental protection and environmental decision-making depend intimately on both detailed, specialised information about the physical state of the world, and on political judgments about values and priorities. It also explores the elaborate mechanisms that attempt to bring these distinctive decision-making resources into EU environmental law in areas including industrial pollution, chemicals regulation, environmental assessment and climate change.
Download or read book EU Environmental Law, Governance and Decision-Making written by Maria Lee and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: A vast and diverse body of EU law addresses an enormous range of environmental matters. This book examines a number of areas of substantive EU environmental law, focusing on the striking preoccupation of EU environmental law with the structure of decision-making. It highlights the observation that environmental protection and environmental decision-making depend intimately on both detailed, specialised information about the physical state of the world, and on political judgments about values and priorities. It also explores the elaborate mechanisms that attempt to bring these distinctive decision-making resources into EU environmental law in areas including industrial pollution, chemicals regulation, environmental assessment and climate change.
