Enforcement of European Union Environmental Law

Offering a detailed legal account of the various legal arrangements at EU level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principle sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines and assesses the practical impact of the legal arrangements at EU level that are used for the purpose of upholding EU environmental norms. Providing a comprehensive account of the current state of EU environmental law enforcement and developments affecting it, "Enforcing European Union Environmental Law" focuses on the principal sources of EU environmental law enforcement, examining: the role of the European Commission; the possibilities for private law enforcement; the responsibilities of Member State national authorities. An essential read for those studying, researching and working in the areas of environmental and European Union Law

Combating Deforestation: The Evolving Legal Framework of the EU on Forest Law Enforcement, Governance and Trade

In this insightful book, Martin Hedemann-Robinson appraises the European Union’s development of its legal framework to assist in combating one of the foremost challenges facing the international community: global deforestation. He provides an analytical overview of the evolving Union legislation, discussing its impact both within the single market as well as internationally. The book meticulously assesses the evolution of EU policy intervention regarding global deforestation, which commenced with the Union''s 2003 Forest Law Enforcement Governance and Trade Action Plan. Subsequent chapters discuss the development of voluntary partnership agreements forged with non-EU countries in tropical forested regions, as well as analyse the EU’s 2010 Timber Regulation designed to exclude illegal timber from being sold on the single market. Hedemann-Robinson then examines more recent and profound adjustments to the EU''s policy framework, notably the 2023 Deforestation-Free Product Regulation (DFPR) which phases in a ban of certain imported agricultural produce associated with contributing to the problem of global deforestation. Finally, the book places these developments in a broader international context, considering the extent of political and legal co-operation across the globe. Comprehensive and precise, Combating Deforestation will prove an invaluable resource for students and scholars of law, geography, ecology and political science. It will also interest practitioners and policymakers involved in environmental protection, international public law and international trade

The EU Directives on Waste Electrical and Electronic Equipment and on the Restriction of Use of Certain Hazardous Substances in Electrical and Electronic Equipment: Adoption Achieved

This article reports on the two directives that were adopted by the Council and the European Parliament on 27 January 2003 concerning waste electrical and electronic equipment and restriction of use of certain hazardous substances in electrical and electronic equipment. It is divided into three main parts. The first two parts provide an overview of the principal provisions of the directives agreed, seeking to point out key changes that have transpired during the EU legislative process. The last section seeks to explore how the directives relate to and have an impact on two broader issues that are of major concern for the future development of EU waste management policy: the recovery/disposal status of municipal solid waste incineration involving elements of energy recuperation and 'standard dumping'.</jats:p

Enforcement of European Union environmental law ::legal issues and challenges /

"Offering a detailed legal account of the various legal arrangements at EU level this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principle sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines and assesses the practical impact of the legal arrangements at EU level that are used for the purpose of upholding EU environmental norms. Providing a comprehensive account of the current state of EU environmental law enforcement and developments affecting it, Enforcing European Union Environmental Law focuses on the principal sources of EU environmental law enforcement. It examines the role of the European Commission, the possibilities for private law enforcement and the responsibilities of Member State national authorities. Key legal developments that have occurred since the first edition have been incorporated including new legislation and case-law. Particular attention is paid to the Lisbon Treaty and the ensuing establishment of a new legal architecture on the topic of Union involvement in environmental criminal policy, and the alteration of the EU treaty provisions enabling the European Commission to take legal action against EU Member States which infringe EU environmental law. The impact of the Arhus Convention on EU environmental law enforcement is also addressed in detail focusing on the recommendations of the Arhus Convention's Compliance Committee."-

Indirect Discrimination Law in the EC; Appearance Rather than Reality?

It would not be an overstatement to suggest that the principle of equality constitutes a cornerstone of European Community Law. The prohibition of discrimination on the basis of nationality, enshrined in Article 6 of the EC Treaty, is a theme that runs through Community Law. It has been central to the realization of SingleMarket dream, in eliminating inter-state barriers to develop greater free movement of the four key factors of production, namely goods, persons, services and capital within the Union. The European Court of Justice (ECJ) has even developed a general unwritten principle of equality, binding on all Community legislative action. However, beneath this appearance of uniformity of approach there lies, paradoxically, a marked difference in relation to the prohibition of hidden forms of unequal treatment (or indirect discrimination) in EC Law. Here, the ECJ has been unable to sustain the unifying quality of the equality principle. It has singularly failed to establish a comprehensive legal test relating to the concept of indirect discrimination. Instead, the case law has diverged considerably, the ECJ apparently willing to develop principles on a sectoral as opposed to a generic basis. This paper aims to analyse and expose the inconsistency of treatment by the ECJ in its appraisal of indirect discrimination in relation to the following key economic sectors: free movement of goods, services and workers and gender equality in employment. Behind the presentation of uniformity of approach, the ECJ has established subtle but significant legal distinctions which have had profound economic consequences for litigants and markets alike. Such a state of affairs raises serious questions about the universality and impartiality of the application of the principle of equality in the European Community Law context, not least because hidden as opposed to more express forms of discrimination tend now to take on a more prevalent and signification role in the Single Market. </jats:p