Hardback
Research Handbook on EU Environmental Law
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.
More Information
Critical Acclaim
Contributors
Contents
More Information
The European Union has succeeded in bringing into force an impressive package of regulatory measures aiming to provide a high level of environmental protection across the EU. As a result, scholars, students and practitioners are confronted with the challenge of gaining insight into this complex legislative framework and its effects. This wide-ranging Research Handbook investigates a multitude of substantive issues including waste, nature conservation, air pollution, water quality protection, chemical substantives and genetically modified organisms.
Based on contributions developed by 40 environmental law scholars, 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.
Shedding light on the institutional, horizontal and sectoral dimensions of EU environmental law, the Research Handbook on EU Environmental Law will be a key resource for environmental law scholars both in the EU and worldwide, whilst also being of value to environmental law practitioners working in EU member states.
Based on contributions developed by 40 environmental law scholars, 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.
Shedding light on the institutional, horizontal and sectoral dimensions of EU environmental law, the Research Handbook on EU Environmental Law will be a key resource for environmental law scholars both in the EU and worldwide, whilst also being of value to environmental law practitioners working in EU member states.
Critical Acclaim
‘This book provides an excellent and comprehensive overview of the main topics and equips the reader with a rich basis of information and expertise. It invites the interested reader to join a discussion which covers many layers, sectors, institutions, successes, and challenges. More than simply enabling the reader to understand contemporary discourses in EU environmental law, it also brings to the forefront powerful ideas for improving its content and application in pursuit of an environmentally sustainable Europe.’
– Christina Voigt, German Yearbook of International Law
‘This Research Handbook is an important one-stop shop for academics, practitioners, and students. It is a valuable teaching resource to stimulate the critical thinking of advanced students about the EU’s approach to environmental law. It is also a must have for practitioners who are looking for short but critical analyses of the most important issues of EU environmental law.’
– Virginie Rouas, Law, Environment and Development Journal
‘With an impressive line-up of top quality academics in the area of European environmental law, this Research Handbook covers a broad range of highly topical issues. It will be a great read for academics and practitioners alike.’
– Jan Jans, University of Groningen, the Netherlands
– Christina Voigt, German Yearbook of International Law
‘This Research Handbook is an important one-stop shop for academics, practitioners, and students. It is a valuable teaching resource to stimulate the critical thinking of advanced students about the EU’s approach to environmental law. It is also a must have for practitioners who are looking for short but critical analyses of the most important issues of EU environmental law.’
– Virginie Rouas, Law, Environment and Development Journal
‘With an impressive line-up of top quality academics in the area of European environmental law, this Research Handbook covers a broad range of highly topical issues. It will be a great read for academics and practitioners alike.’
– Jan Jans, University of Groningen, the Netherlands
Contributors
Contributors: C. Backes, G. Bándi, L.S. Braaksma, E. Brosset, A. Cardesa-Salzmann, A. Cliquet, L. De Lucia, N. de Sadeleer, M. Eliantonio, U. Etemire, M. Faure, M. Führ, A. García-Ureta, M. Hedemann-Robinson, N. Hervé-Fournereau, A. Johnston, L. Krämer, G.C. Leonelli, S. Maljean-Dubois, E. Morgera, K. Pedrosa, M. Peeters, G. Perlaviciute, B. Pozzo, L. Reins, M.C. Romano, S. Romppanen, J. Schenten, T. Schomerus, B. Sjåfjell, M. Smith, L. Squintani, H. Tegner Anker, H.D. Tolsma, G. van Calster, M. van Wolferen, B. Vanheusden, A. Volpato, E. Vos, S. Weishaar,
Contents
Contents:
Introduction: the challenge of understanding EU environmental law
Marjan Peeters & Mariolina Eliantonio (editors)
PART 1: INSTITUTIONAL AND HORIZONTAL ISSUES
1. Competences for EU environmental legislation: about blurry boundaries and potential opportunities
Helle Tegner Anker
2. Where eagles dare: How much further may EU Member States go under Article 193 TFEU?
Leonie Reins
3. Principles of EU environmental law, including the objective of sustainable development
Gyula Bándi
4. The institutional architecture of EU environmental governance: the role of EU agencies
Annalisa Volpato & Ellen Vos
5. The EU’s External Action after Lisbon: Competences, Policy Consistency and Participation in International Environmental Negotiations
Antonio Cardesa-Salzmann & Elisa Morgera
6. Environment and trade law in the EU: Seeing the bees for the balance Sheet
Geert van Calster
7. Transnational administrative acts in EU environmental law
Luca De Lucia & Maria Chiara Romano
PART 2 ENVIRONMENTAL PROCEDURAL RIGHTS
8. Access to environmental information under EU law
Uzuazo Etemire
9. Access to public participation: Unveiling the mismatch between what law prescribes and what the public wants
Lorenzo Squintani & Goda Perlaviciute
10. Access to justice in environmental matters in the EU: The EU’s difficult road towards non-compliance with the Aarhus Convention
Matthijs van Wolferen & Mariolina Eliantonio
11. Environmental Impact Assessment in the EU
Agustín García-Ureta
PART 3: COMPLIANCE AND ENFORCEMENT MECHANISMS
12. Direct effect in EU environmental law: towards the end of a doctrine?
Ludwig Krämer
13. Environmental Inspection by public authorities
Martin Hedemann-Robinson
14. Enforcing environmental law through infringements and sanctioning: steering not rowing
Melanie Smith
PART 4: LIABILITY
15. Environmental liability: The difficulty of harmonizing different national civil liability systems
Barbara Pozzo
16. Environmental criminal liability
Michael Faure
PART 5: SUBSTANTIVE APPROACHES
17. EU nature conservation law: fit for purpose
An Cliquet
18. Beyond the 2019 Fitness Check of the Water Framework Directive: designing the future of European Water Law
Nathalie Hervé-Fournereau
19. EU Air Pollution Law: Comprehensive But Insufficient
Kendro Pedrosa & Bernard Vanheusden
20. Integrated Pollution and Prevention: A critical legal perspective on all-inclusive integration
Lolke S Braaksma & Hanna Tolsma
21. Waste Framework Directive and the Circular Economy
Chris Backes
22. Industrial chemicals in the regulatory laboratory: self-responsibility and inclusive governance
Martin Führ & Julian Schenten
23. The Perfect Storm: GMO Governance and The EU Technocratic Turn.
Giulia Claudia Leonelli
24. Light-vehicles Emissions Standards under EU Law in the wake of the `Diesn, Professor of Environmental Law, Faculty of Law, Hasselt University, Belgiumelgate’
Nicolas de Sadeleer
25. The EU’s approach to environmentally sustainable business: can disclosure overcome the failings of shareholder primacy?
Andrew Johnston & Beate Sjåfjell
PART 6 : CLIMATE LAW
26. The Paris Agreement, EU Climate Law and the Energy Union
Estelle Brosset & Sandrine Maljean-Dubois
27. The EU Effort Sharing and LULUCF Regulations: The Complementary yet Crucial Components of the EU’s Climate Policy Beyond 2030
Seita Romppanen
28. EU emissions trading: its regulatory evolution and the role of the Court
Stefan Weishaar
29. Energy efficiency and energy saving – the “first fuel”
Thomas Schomerus
PART 7: CONCLUSIONS
30. On Regulatory Power, Compliance, and the Role of the Court in EU Environmental Law
Marjan Peeters & Mariolina Eliantonio
Index
Introduction: the challenge of understanding EU environmental law
Marjan Peeters & Mariolina Eliantonio (editors)
PART 1: INSTITUTIONAL AND HORIZONTAL ISSUES
1. Competences for EU environmental legislation: about blurry boundaries and potential opportunities
Helle Tegner Anker
2. Where eagles dare: How much further may EU Member States go under Article 193 TFEU?
Leonie Reins
3. Principles of EU environmental law, including the objective of sustainable development
Gyula Bándi
4. The institutional architecture of EU environmental governance: the role of EU agencies
Annalisa Volpato & Ellen Vos
5. The EU’s External Action after Lisbon: Competences, Policy Consistency and Participation in International Environmental Negotiations
Antonio Cardesa-Salzmann & Elisa Morgera
6. Environment and trade law in the EU: Seeing the bees for the balance Sheet
Geert van Calster
7. Transnational administrative acts in EU environmental law
Luca De Lucia & Maria Chiara Romano
PART 2 ENVIRONMENTAL PROCEDURAL RIGHTS
8. Access to environmental information under EU law
Uzuazo Etemire
9. Access to public participation: Unveiling the mismatch between what law prescribes and what the public wants
Lorenzo Squintani & Goda Perlaviciute
10. Access to justice in environmental matters in the EU: The EU’s difficult road towards non-compliance with the Aarhus Convention
Matthijs van Wolferen & Mariolina Eliantonio
11. Environmental Impact Assessment in the EU
Agustín García-Ureta
PART 3: COMPLIANCE AND ENFORCEMENT MECHANISMS
12. Direct effect in EU environmental law: towards the end of a doctrine?
Ludwig Krämer
13. Environmental Inspection by public authorities
Martin Hedemann-Robinson
14. Enforcing environmental law through infringements and sanctioning: steering not rowing
Melanie Smith
PART 4: LIABILITY
15. Environmental liability: The difficulty of harmonizing different national civil liability systems
Barbara Pozzo
16. Environmental criminal liability
Michael Faure
PART 5: SUBSTANTIVE APPROACHES
17. EU nature conservation law: fit for purpose
An Cliquet
18. Beyond the 2019 Fitness Check of the Water Framework Directive: designing the future of European Water Law
Nathalie Hervé-Fournereau
19. EU Air Pollution Law: Comprehensive But Insufficient
Kendro Pedrosa & Bernard Vanheusden
20. Integrated Pollution and Prevention: A critical legal perspective on all-inclusive integration
Lolke S Braaksma & Hanna Tolsma
21. Waste Framework Directive and the Circular Economy
Chris Backes
22. Industrial chemicals in the regulatory laboratory: self-responsibility and inclusive governance
Martin Führ & Julian Schenten
23. The Perfect Storm: GMO Governance and The EU Technocratic Turn.
Giulia Claudia Leonelli
24. Light-vehicles Emissions Standards under EU Law in the wake of the `Diesn, Professor of Environmental Law, Faculty of Law, Hasselt University, Belgiumelgate’
Nicolas de Sadeleer
25. The EU’s approach to environmentally sustainable business: can disclosure overcome the failings of shareholder primacy?
Andrew Johnston & Beate Sjåfjell
PART 6 : CLIMATE LAW
26. The Paris Agreement, EU Climate Law and the Energy Union
Estelle Brosset & Sandrine Maljean-Dubois
27. The EU Effort Sharing and LULUCF Regulations: The Complementary yet Crucial Components of the EU’s Climate Policy Beyond 2030
Seita Romppanen
28. EU emissions trading: its regulatory evolution and the role of the Court
Stefan Weishaar
29. Energy efficiency and energy saving – the “first fuel”
Thomas Schomerus
PART 7: CONCLUSIONS
30. On Regulatory Power, Compliance, and the Role of the Court in EU Environmental Law
Marjan Peeters & Mariolina Eliantonio
Index
