Main Forms of Interaction between the Key Actors in CBRN Protection: What Way Forward?

This chapter provides an overview of the role and the main forms of interaction between the relevant actors involved in the governance of CBRN risks at the international, regional and domestic level. The first section gives an overview of the actors whose aim is to prevent, prepare for, respond to, and recover from the impact of CBRN events, ie international and regional organisations, States, non-State actors such as business actors, non-governmental organisations, local communities, academia and media. In the second section, the main forms of interaction between the different actors are examined while proposals for the creation of more effective forms of interaction between the different actors involved in CBRN protection are given in the concluding remarks

Towards an EU Charter of the Fundamental Rights of Nature

This Study aims to set a framework for the legal recognition of the Rights of Nature in the EU legal order, as a prerequisite for a different and improved relationship between human beings and Nature. This aim should be possibly accomplished through the development of a EU Charter on Fundamental Rights of Nature. Initially, the Study shows the role of Rights of Nature with respect to environmental protection goals and addresses the reasons why current EU Environmental Law is failing to deliver the required level of nature protection (Section 2). Subsequently, the Study assesses how the "Rights of Nature" may help to overcome the failures of environmental law. To this end, four paradigmatic cases are proposed and analysed (Section 3). Based on the findings of this analysis, the strategic milestones required to achieve genuine ecosystem protection are identified and presented (Section 4). Finally, the possibility of introducing a Charter of the Rights of Nature in the EU legal system, with its basic principles, recommendable features and proposed pathway is discussed (Sections 5, 6 and 7)

Effectiveness and Primacy of EU Law v. Higher National Protection of Fundamental Rights and National Identity – A Look through the Lens of the Taricco II Judgment

The European Court of Justice (ECJ) finally delivered a judgment that puts an end to the so-called Taricco saga − at least for the time being. More importantly, this Taricco II judgment (Case C-42/17 – M.A.S. & M.B.) deals with the relationship between the principles of primacy, effectiveness, and direct effect of EU law, on the one hand, and the concept of national (and particularly constitutional) identity of the Member States, on the other. It also addresses the extent of the possibility for Member States not to apply EU law if it conflicts with an overriding principle guaranteed by their national constitution. In this context, the article aims to assess, firstly, whether the Court overruled its Melloni doctrine with this judgment. Secondly, the article analyses whether the Court, at least implicitly, answered the sensitive question of who is the ultimate judge responsible for assessing whether the “identity clause” enshrined in Art. 4(2) TEU has been violated or not

EPPO and environmental crime: May the EPPO ensure a more effective protection of the environment in the EU?

Notwithstanding the adoption of European measures aimed at tackling environmental crime and the possibilities offered by the new provisions set down in the Treaties, the environment in the European Union is not yet satisfactorily protected, mainly because of an enforcement deficit. Exploring the possibilities offered by the Treaties, this article examines the possibility of developing the potential of Article 86 Treaty on the Functioning of the European Union (TFEU). The article particularly scrutinizes whether the extension of the European Public Prosecutor’s Office’s (EPPO’s) competence to environmental crime could ensure more effective protection of the environment via the effective prosecution of perpetrators of serious environmental crime having a cross-border dimension. To that purpose, firstly, it is ascertained whether and under which conditions it is legally possible and practically feasible to extend the EPPO’s competence over environmental crime. Secondly, it is assessed whether extending the EPPO’s competence to environmental crime is desirable for solving the main problems which cause an enforcement deficit of environmental rules and whether it represents an added value in ensuring the enforcement of the Union’s environmental rules. The findings of the analysis are summarized in the conclusion. </jats:p