Efnisyfirlit

• Cover
• Half title
• Title page
• Imprints page
• Dedication
• Contents
• Figures
• Tables
• List of Cases
• Preface and Acknowledgements
• 1 The Foundations of EU Environmental Law: History, Aims and Context
• History and Development of the European Union’s Environmental Policy
• Aims of EU Environmental Policy
• A ‘High Level of Environmental Protection Taking into Account the Diversity of Situations in the Various Regions of the Union’
• Sustainable Development
• Legal Bases and Environmental Guarantee Provisions
• General Legal Bases
• Environmental Guarantee Provisions and Minimum Harmonisation
• The Nature of the European Union’s Environmental Competences
• Understanding EU Environmental Law and Policy in Context
• Environment, Risk and Science
• Risk and Risk Regulation
• Risk Regulation in the European Union
• Risk Regulation and Critique
• Science and Expertise in EU Law and Policy
• Science, Precaution and Discretion
• Environment and Governance
• From Pollution Control to Strategic Environmental Governance
• Multi-level and Transnational Governance
• Flexible and Decentred Governance
• Good Governance
• Environment, Philosophy and Ethics
• Environment and Geography: The Challenges of Enlargement
• 2 Actors and Instruments
• Actors
• The European Commission
• The Council of the EU
• The European Parliament
• The European Council
• The Court of Justice of the European Union (CJEU) and the General Court
• Other Bodies and Actors
• The Economic and Social Committee
• The Committee of the Regions (CoR)
• The European Environment Agency
• The European Investment Bank (EIB)
• The European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL)
• Interest Groups
• Public Interest Groups
• Business Interest Groups
• Instruments
• Regulations
• Directives
• Decisions
• Environmental Action Programmes
• Recommendations and other Soft Law Instruments
• Financial Instruments
• LIFE (the Financial Instrument for the Environment Regulation)
• EU Structural and Investment Funds
• 3 Principles in EU Environmental Law
• Introduction
• Legal Status and Effect of (Environmental) Principles in EU Law
• The Precautionary Principle
• The Preventive Principle
• The Rectification at Source Principle
• The Polluter Pays Principle
• The Environmental Integration Principle
• Focus on the Integration of EU Economic and Environmental Law and Policy
• Overview
• Environmental Considerations and the Treaty Internal Market Provisions
• Environmental Considerations and Article 110 TFEU
• Environmental Considerations and Articles 34–36 TFEU
• Article 34 TFEU and National Measures Promoting Green Energy
• Green Public Procurement
• 4 Techniques of Regulating the Environment
• Introduction: The EU’s Changing Regulatory Toolbox
• Understanding Regulatory Choices: Factors and Philosophies Underlying EU Decisions as to Environmental Regulatory Technique
• Environmental Effectiveness
• Economic Efficiency
• Political and Administrative Feasibility
• Flexibility
• Compatibility with Existing EU and National Institutional Frameworks
• Compatibility with Beliefs and ‘Ideas’
• Surveying the EU’s Environmental Regulatory Techniques
• Hierarchy: Direct or ‘Command and Control’ Techniques
• Overview
• Flexible Direct Regulation: Framework Directives
• Proceduralised Direct Regulation
• The Pros and Cons of Direct Environmental Regulation in the EU
• Market-Based Instruments
• Overview
• Tradable Permit Schemes
• Other Examples of the EU’s Embrace of Market-Based Instruments
• Network-Based Approaches: Voluntary Techniques and Corporate Social Responsibility
• Overview
• Enabling Corporations
• Enabling Consumers and Civil Society
• 5 Environmental Rights in Europe
• Introduction: Why Environmental (Human) Rights?
• Rights Originating from the Council of Europe
• The 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (the ‘ECHR’)
• No Right to a Decent Environment
• Article 8 ECHR: Right to Respect for Private and Family Life
• Development of the ECtHR’s Approach
• The Relevance of Adequate Procedures to the Article 8 Assessment
• The Margin of Appreciation
• Article 6(1) ECHR: Right to a Fair Trial
• Article 1 of Protocol No. 1: The Right to Property
• The 1961 European Social Charter (the ‘ESC’)
• The Charter of Fundamental Rights of the EU (the ‘Charter’)
• The Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters
• The Aarhus Convention’s Approach to Environmental Rights
• Signatories, Ratification and Compliance
• Aarhus’s Three Substantive Pillars
• Access to Information
• Public Participation
• Public Participation in Decisions on ‘Specific Activities’
• Public Participation in Plans, Programmes and Policies Relating to the Environment
• Public Participation During the Preparation of Regulations or Legislation
• Access to Justice
• Implementation of the Aarhus Convention in EU Law
• Other Relevant Sources of International Human Rights Law
• 6 Public Enforcement of EU Environmental Law
• Introduction: The Enforcement Deficit in EU Environmental Law
• Public Enforcement of EU Environmental Law: Enforcement by the European Commission
• Article 258 TFEU
• Overview
• The Administrative Phase
• The Commission’s Prioritisation of Cases
• The EU ‘Pilot’ Scheme and the ‘CHAP’ Complaint Registry
• The Litigation Phase
• ‘General and Persistent’ Breaches of EU Law
• Defences
• Interim Measures
• Article 260 TFEU
• Broader Commission Initiatives to Improve Enforcement of EU Environmental Law
• Public Enforcement of EU Environmental Law: Enforcement by National Authorities
• Principles
• The European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL) Network
• The Environmental Liability Directive
• Overview
• Scope of Application
• Causation
• Duties Imposed on Operators
• Powers and Duties of Competent Authorities
• Observations and Requests for Action
• Transboundary Damage
• Criminal Penalties
• 7 Private Enforcement of EU Environmental law
• Private Enforcement of EU Environmental Law at National Level
• Direct Effect of EU Environmental Law
• Overview
• Must a Directly Effective Provision Confer a Right on an Individual?
• Which Bodies Must Apply Directly Effective Provisions?
• Direct Effect of Treaty Provisions, Regulations, Decisions and International Agreements
• Direct Effect of Directives
• Relying on Directives against the State and ‘Emanations of the State’ (‘Vertical’ Direct Effect)
• The Concept of the ‘State’
• Direct effect of Directives prior to the expiry of the transposition period
• Relying on Directives against Private Parties (‘Horizontal’ Direct Effect)
• Other Means of Relying on EU Law before National Courts
• The Duty of Consistent Interpretation (‘Indirect Effect’)
• ‘Triangular’ Cases
• ‘Incidental’ Horizontal Direct Effect
• Horizontal Direct Effect of a ‘General Principle’ of EU Law
• State Liability in Damages for Breach of EU Law
• EU Legislation on Access to Justice at National Level and the Role of the Aarhus Convention
• The Provisions of the Aarhus Convention on Access to Justice
• Article 9(1) on Access to Justice concerning Environmental Information Decisions
• Article 9(2) on Access to Environmental Justice concerning Public Participation
• Article 9(3) on Access to Environmental Justice in General
• Article 9(4) on Conditions of Access to Justice
• Article 9(5) on Public Information and Legal Aid
• Implementation of Article 9 of the Aarhus Convention in EU Law
• National Procedural Autonomy, Effectiveness and Equivalence
• Harmonising EU Legislation on Access to Environmental Justice: Directive 2003/4 and Directive 2003/35
• Private Enforcement of EU Law at EU Level
• Access to Justice before the EU Courts
• Access to Justice by Means of Internal Review under Regulation 1367/2006
• Other Means of Accessing Justice at EU Level
• 8 Climate Change
• Introduction
• Mandate of the European Union with Regard to Climate Change
• High Stakes: The Challenge of Climate Change Leadership
• The External Dimension of Climate Change Leadership
• The Internal Dimension of Climate Change Leadership
• The Challenge of Leadership Exemplified: The Case of Aviation
• The Scope of the Climate Change Challenge
• Climate Change as a Multi-Level Governance Challenge: The Example of Renewable Energy
• Renewable Energy Policy in the EU: Reconciling European Ambition with National Differentiation through Multi-Level Governance
• The 2009 Renewable Energy Directive (RED)
• National Action Plans
• Cooperation between Member States
• Access to the Grid and Guarantees of Origin
• The Difficult Question of Biofuels
• National Support Schemes
• Free Movement of Renewable Energy: Navigating between the Goals of Trade Liberalisation, Environmental Protection and National Control over Energy Policy
• The Challenge of a Regulation-Based Market
• The ETS as Market-Based Regulation
• Gauging the Effectiveness of Market-Based Regulation
• Managing a Regulation-Based Market
• The Allocation of Allowances
• Recession and Transnational Offsetting
• Addressing the Burden of the Past: Backloading and the Market Stability Reserve
• Concluding Remarks
• 9 Air Pollution and Industrial Emissions
• Introduction: Key Themes of EU Air Pollution and Industrial Emissions Law
• Ozone-Depleting Substances
• Ambient Air Quality
• Approaches to Standardisation
• The EU Legal Framework
• The 2001 NECD
• The 2008 AQFD
• Member State Implementation of EU Ambient Air Legislation
• Regulating Industrial Emissions
• Integrated Pollution Prevention and Control within the IED
• ‘Best Available Techniques’ (BAT)
• Standardisation in the IPPC Framework: The Anchoring Function of BAT
• The Evolution of BREFs: A Hardening Attitude towards EU Soft Law
• Flexibility in the IED: An Assessment
• Coherence in Air Pollution Law
• Conclusion
• 10 EU Water Law
• Introduction
• Europe’s Waters Interconnected
• The History of EU Water Law
• The Inter-Related Threads of EU and International Water Law
• The 2000 Water Framework Directive
• History of the Water Framework Directive (WFD)
• Overview
• River Basin Management and the ‘Programme of Measures’
• The ‘Environmental Objectives’
• Surface Water
• Chemical Quality
• Ecological Quality
• Artificial and Heavily Modified Bodies of Water
• Groundwater
• Groundwater under the Water Framework Directive (WFD)
• The 2006 Groundwater Directive
• Establishing ‘Good Groundwater Chemical Status’
• Significant and Sustained Upward Trends of Contamination
• Prevent or Limit Inputs of Pollutants into Groundwater
• Alternative Compliance
• Assessment
• The Water Framework Directive’s Derogations from the Environmental Objectives
• Combined Approach
• Priority Substances
• Economic Analysis
• Public Involvement
• Governance
• Assessment
• Drinking Water
• History and Overview
• Ensuring that Drinking Water is ‘Wholesome and Clean’
• Providing for Hard Cases: Lead and Pesticides
• Monitoring and Compliance
• Assessment
• Bathing Water
• Defining Bathing Waters
• From Emissions Limit Values to Classification
• Monitoring and Assessment
• Public Participation
• Assessment
• Regulation of Dangerous Substances
• Dangerous Substances in Water Directives
• Priority Substances Directive
• Directive 2008/105/EC
• Listing Substances and Review of Adopted List of Priority Substances
• Assessment
• Nitrates
• Regulating Non-Point Source Pollution
• ‘Nitrogen Zones’
• Improving Environmental Quality
• Additional Measures and Derogations
• Assessment
• Urban and Industrial Waste Water
• Collection, Treatment and Disposal
• Sensitive Areas
• Identifying Eutrophication
• Less-Sensitive Areas
• Industrial Waste Water
• Institutional Framework
• 11 Impact Assessment
• History and International Context
• The 1991 UNECE Espoo Convention on Transboundary Environmental Impact Assessment
• Overview
• Obligations
• The EIA Directive
• Scope and Purpose
• What is an EIA?
• The ‘Competent Authority’
• Projects Subject to EIA
• Annex I Projects: Mandatory EIA
• Annex II Projects: The Screening Process
• Exemptions from the EIA Requirement
• The EIA Procedure
• The Developer’s EIA Report
• Consultation and Public Participation
• Transboundary Projects
• The Decision to Grant or Refuse Development Consent
• Relationship with other Assessment Procedures
• Communication of the Competent Authority’s Decision
• Remedies and Access to Justice
• The Strategic Environmental Assessment Directive
• Scope and Purpose of the SEA Directive
• The Obligation to Carry Out an SEA
• Plans and Programmes Subject to Mandatory SEA
• Screening of other Projects
• Exemptions
• The SEA Procedure
• Environmental Report
• Consultation of Designated Authorities and of the Public Likely to be Affected
• Transboundary Consultation
• Relationship with Other Assessment Procedures
• The Decision
• Remedies
• 12 Nature and Biodiversity Protection
• Introduction
• Changing Narratives: Nature Conservation, Biodiversity Protection and the Safeguarding of Natural Capital
• The Birds Directive and Habitats Directive: The Twin Pillars of Natura 2000
• The Birds Directive
• The Habitats Directive
• Designation and its Consequences: The Legal Status of SPAS and SACS
• The Designation Process
• The Consequences of Designation
• Designation and its Discontents
• Biodiversity and Sustainability: The Role of Economic Considerations in Natura 2000
• Protecting SCIs and the Role of the Precautionary Principle
• Protective Regimes: The Relation between the Birds and Habitats Directives
• Timing of Member State Obligations
• The Management of Protected Sites: Article 6(1) Habitats Directive
• Avoiding Deterioration and Disturbance: Article 6(2) Habitats Directive
• Assessing Development: Article 6(3) Habitats Directive
• ‘Any Plan or Project’
• ‘Significant Effect’ and ‘Appropriate Assessment’
• ‘Integrity of the Site’
• Assessment
• Declassification
• Compensating Biodiversity Losses
• The Effectiveness of the Birds and Habitats Directives
• Other Measures
• Conclusion: Overcoming Institutional and Systemic Dichotomy
• 13 Technological Risk Regulation: Chemicals, Genetically Modified Organisms and Nanotechnology
• Introduction
• Dual-Purpose Regulation: Reconciling Market Harmonisation with Health and Environmental Protection
• EU Chemicals Regulation as a Network
• The REACH Regulation
• The CLP Regulation
• Further Measures
• Chemicals, GMO and Nano Regulation as Technological Risk Regulation
• Information Production
• Risk Management
• Legitimacy and Effectiveness Challenges of Data-Driven Regimes
• Regulating Uncertainty
• Legal Principles: The Requirement to Pursue a High Level of Environmental Protection (HLP) and the Precautionary Principle
• Claims to Legitimacy: Expertise, Transparency and Participation
• Claims to Legitimacy: Updating, Review and Monitoring
• GMO Regulation: A Fraught State of Coexistence
• The Regulatory Framework
• Scope for Post-Authorisation Differentiation
• Coexistence Measures
• Safeguard Clauses
• Derogation or ‘Opt-Ups’ under Article 114(4)–(6) TFEU
• Article 26(b) DRD: Farewell Internal Market?
• Nanotechnology: New Rules for New Tools?
• Conclusion
• 14 Waste
• EU Waste Policy
• Waste Framework Directive (WFD)
• Overview of the WFD
• What is Waste?
• By-Product
• End-of-Waste
• Hazardous Waste
• Shipment of Waste
• Waste Operations
• Landfills
• Incineration of Waste
• Waste Streams
• Packaging
• Batteries and Accumulators
• End-of-Life Vehicles
• Waste Electrical and Electronic Equipment (WEEE)
• Future Challenges
• Index