European Union Case Law on the Birds and Habitats Directives

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403525673
Total Pages : 461 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis European Union Case Law on the Birds and Habitats Directives by : Nina Claudia Miron

Download or read book European Union Case Law on the Birds and Habitats Directives written by Nina Claudia Miron and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy and Environmental Law and Policy Series Despite the remarkable scope of EU conservation policy, and notwithstanding 30 years of relevant case law, nature in the EU continues to decline. This comprehensive book, focusing on the EU’s core legislation on nature, the Birds and Habitats Directives, presents a detailed summary and analysis of the two directives as interpreted by the Court of Justice of the European Union. The book’s systematic structure provides the crucial details of a large body of cases decided by the Court following legal actions taken by the European Commission or preliminary references submitted by national courts. It enables a clear procedural understanding of how nature cases are brought before the Court and how the Court approaches matters such as the burden of proof and the entitlement of environmental associations to litigate disputes. Among the salient areas of analysis are the following: the requirements for including sites within Natura 2000, the largest network of protected nature areas in the world; the obligations to conserve Natura 2000 sites and protect them from damage, including through procedural and substantive assessment requirements for plans and projects; requirements concerning unlawful or illegal activities; the strict protection requirements that apply to wild birds and other species, together with related derogation provisions; requirements to protect habitats in the wider countryside and interlinkages between the nature directives and directives on impact assessment, water, and environmental liability; challenges addressed or influenced by the Court, such as defects in Member State transposition, problems of monitoring and enforcing compliance, and dealing with harmful and benign subsidies; procedures used to bring cases to the Court, including direct actions by the Commission and preliminary references from national courts. According to the 2020 Global Risk Report of the World Economic Forum, biodiversity loss will be one of the biggest threats facing humanity in the next ten years. If nature is to have any hope of recovering and prospering, strict application of existing nature conservation rules is of utmost importance, especially as a recent evaluation shows that, although the EU nature directives are fit for purpose, implementation on the ground is lagging behind. By setting out the case law systematically and explaining what compliance with specific requirements entails, this book makes a signal contribution to nature conservation practice. Lawyers, policymakers, and NGOs working in the domain of nature conservation will greatly benefit.

European Environmental Law

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Publisher :
ISBN 13 : 9789089521057
Total Pages : 584 pages
Book Rating : 4.5/5 (21 download)

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Book Synopsis European Environmental Law by : J. H. Jans

Download or read book European Environmental Law written by J. H. Jans and published by . This book was released on 2012 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Taking into account new case law of the European courts, recent environmental directives and regulations, and the new provisions of the Lisbon Treaty, this book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EU environmental policy, and on what principles are directives and regulations based upon? To what extent [are] EU environmental regulations more stringent [than] national environmental standards? What are the requirements the Court of Justice has imposed on the member states implementing environmental directives? How and to what extent can European environmental law be relied upon and challenged before national courts and the European courts? How do the Treaty rules on the internal market and undistorted competition interfere with national environmental policy? Answers to these and other questions can be found in this book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretations. Futhermore, national case law on the application of European environmental law is also ... taken into account"--Provided by publisher.

Litigating for the Environment

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Publisher : Springer Science & Business Media
ISBN 13 : 3531919997
Total Pages : 244 pages
Book Rating : 4.5/5 (319 download)

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Book Synopsis Litigating for the Environment by : Reinhard Slepcevic

Download or read book Litigating for the Environment written by Reinhard Slepcevic and published by Springer Science & Business Media. This book was released on 2010-11-09 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of doctoral studies that I started in October 2004. At the outset, I only knew that I wanted to work on interest groups and litigation in the context of the European Union. At that time, I would not have believed that I would find myself some time later touring half Western Europe to interview environmental organisations, nor that I would read French, German and Dutch court rulings on the protection of endangered species whose names were completely unknown to me. Yet I never regretted my choice of topic, and hopefully the following chapters will convince the reader that it is indeed a topic that merits our attention. I would not have been able to cope with all the pitfalls of a long research project without the strong and enduring support of my friends and colleagues. Both personally and academically, I have profited enormously from my three years as a doctoral student at the department of political science at the Institute for Advanced Studies (Institut für Höhere Studien) in Vienna, Austria. I am very much indebted to Gerda Falkner, Oliver Treib, Sylvia Kritzinger and Irina Michalowitz for organising such a great programme which allowed me and my colleagues to engage in intensive discussions with outstanding academic scholars such as Alec Stone-Sweet, Paul Pierson, James Caporaso, Frank Schimmelfennig, Klaus Goetz, Andrea Lenschow, Katharina Holzinger and Hellen Wallace.

The Habitats Directive in its EU Environmental Law Context

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Author :
Publisher : Routledge
ISBN 13 : 1317693043
Total Pages : 508 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis The Habitats Directive in its EU Environmental Law Context by : Charles-Hubert Born

Download or read book The Habitats Directive in its EU Environmental Law Context written by Charles-Hubert Born and published by Routledge. This book was released on 2014-11-27 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the Habitats Directive; one of the most prominent piece of EU environmental legislation of the past decades. Seen by some as the cornerstone of Europe’s nature conservation policy, among other measures the Directive established the so-called "Natura 2000" ecological network, which covers more than 18% of the surface of the EU. However, despite the fact the Directive was adopted over twenty years ago only 17% of the protected habitats and species in Europe are being adequately protected while 10-60 % of animal species remain under threat. In light of the limited success and the contested nature of the Habitats Directive so far this book examines the successes and failures of the Habitats Directive from a legal and political angle. The book brings together international experts to consider the application, implementation and future of the Habitats Directive in order to assess whether the Habitats Directive is resilient enough to tackle biodiversity loss in the twenty- first century. Particular emphasis is put on the legal regime attached to the Natura 2000 network and its possible impact on land development and the relationship between the Habitats Directive and other topics including liability for ecological damage and transboundary nature conservation.

European Environmental Law

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Publisher :
ISBN 13 :
Total Pages : 488 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis European Environmental Law by : J. H. Jans

Download or read book European Environmental Law written by J. H. Jans and published by . This book was released on 2000 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This leading monograph on European Environmental Law now completely updated and revised. Taking into account the changes of the 'Amsterdam Treaty', new case law of the Court of Justice and recent environmental directives and regulations. Prof. Jans acclaimed book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EC environmental policy and on what principles are directives and regulations based upon? To what extent preclude EC environmental directives more stringent national environmental standards? What are the requirements the Court of Justice has imposed on the Member States implementing environmental directives? To what extent can European environmental law be relied upon and challenged before national courts and the Court of Justice? How do the Treaty rules on the Internal Market and undistorted competition interfere with national environmental policy? Answers to these questions can be found in prof. Jans' book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretation. Various national case law on the application of European environmental law is being taken into account. About the author: Prof. Jans (1956) teaches EU law at the Europa Instituut of the law faculty of the University of Amsterdam. He is a member of the Dutch Commission on Environmental Impact Assessment, Vice-Chairman of the Appeal Committee of the Dutch Cartel Authority, and honorory judge at the Assen District Court. He is also member of the editorial boards of the Journal of Environmental Law, SEW, Legal Issues of Economic Integration and The Columbia Journal of European Law.

European Environmental Law

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Author :
Publisher : ISBS
ISBN 13 : 9789076871776
Total Pages : 516 pages
Book Rating : 4.8/5 (717 download)

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Book Synopsis European Environmental Law by : J. H. Jans

Download or read book European Environmental Law written by J. H. Jans and published by ISBS. This book was released on 2008 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This completely updated and revised third edition on European environmental law takes into account new case law of the Court of Justice, as well as recent environmental directives and regulations. The book provides an in-depth analysis of important legal issues. What are the legal grounds for EC environmental policy and upon what principles are directives and regulations based? To what extent do EC environmental directives preclude more stringent national environmental standards? What requirements has the Court of Justice imposed on the Member States in the implementation of environmental directives? To what extent can European environmental law be relied upon and challenged before national courts and the Court of Justice? How do the Treaty rules on the internal market and on undistorted competition interfere with national environmental policy? European Environmental Law answers these questions.

Handbook on European data protection law

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Author :
Publisher : Council of Europe
ISBN 13 : 9287198497
Total Pages : 402 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Handbook on European data protection law by : Council of Europe

Download or read book Handbook on European data protection law written by Council of Europe and published by Council of Europe. This book was released on 2018-04-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

Ecological Restoration in International Environmental Law

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Publisher : Taylor & Francis
ISBN 13 : 1317633679
Total Pages : 318 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Ecological Restoration in International Environmental Law by : Anastasia Telesetsky

Download or read book Ecological Restoration in International Environmental Law written by Anastasia Telesetsky and published by Taylor & Francis. This book was released on 2016-12-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human activities are depleting ecosystems at an unprecedented rate. In spite of nature conservation efforts worldwide, many ecosystems including those critical for human well-being have been damaged or destroyed. States and citizens need a new vision of how humans can reconnect with the natural environment. With its focus on the long-term holistic recovery of ecosystems, ecological restoration has received increasing attention in the past decade from both scientists and policymakers. Research on the implications of ecological restoration for the law and law for ecological restoration has been largely overlooked. This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration.

The Aarhus Convention at Ten

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Publisher : Apollo Books
ISBN 13 : 9789089520487
Total Pages : 472 pages
Book Rating : 4.5/5 (24 download)

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Book Synopsis The Aarhus Convention at Ten by : Marc Pallemaerts

Download or read book The Aarhus Convention at Ten written by Marc Pallemaerts and published by Apollo Books. This book was released on 2011 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 30 October 2011, it will be exactly ten years ago that the Convention on Access to information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed by representative of 35 States and the European Community at a pan-European ministerial conference in the Danish city of Aarhus in 1998, entered into force. This multilateral treaty, negotiated under the auspices of the UN Economic Commission for Europe, represents the most comprehensive and ambitious effort to establish international legal standards in the field of citizens' environmental rights to date. Though some of these standards were inspired by earlier EU environmental legislation, many provisions of the Aarhus Convention went beyond the rights already guaranteed by the EU and compelled the European Commission to propose new legislature acts, most of which were adopted between 2003 and 2006, to bring EU environmental law up to the Convention's standards. Since its adoption over a --

National Courts and EU Environmental Law

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Publisher :
ISBN 13 : 9789089521286
Total Pages : 0 pages
Book Rating : 4.5/5 (212 download)

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Book Synopsis National Courts and EU Environmental Law by : J. H. Jans

Download or read book National Courts and EU Environmental Law written by J. H. Jans and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will look at the 'remedial capacity' of the doctrines direct effect, consistent interpretation and state liabilityfrom from the perspective of the national court applying them.

The Habitats Directive

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782250220
Total Pages : 366 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Habitats Directive by : Gregory Jones QC

Download or read book The Habitats Directive written by Gregory Jones QC and published by Bloomsbury Publishing. This book was released on 2012-11-05 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biodiversity within the European Union is under threat. Almost a quarter of Europe's vascular plant species and 155 species of its native mammals, birds, reptiles and amphibians are threatened with extinction. The Habitats Directive imposes a strict regime for environmental protection. But with the euro zone economy falling from 'stagnation' to 'contraction' in the second quarter of 2012 and the UK entering into a 'double dip' recession in April 2012, European governments face an economic crisis. The English courts have said that the Directive should not become a property developer's obstacle course. Yet the tensions between environmental protection and economic growth are all too readily apparent with the UK government stating both that we must 'arrest the decline in habitats and species and the degradation of landscapes' and later that 'gold plating of EU rules on things like habitats' was putting 'ridiculous costs' on business enterprise. Edited by Gregory Jones QC, The Habitats Directive: A Developer's Obstacle Course? brings together a unique combination of leading academics and practitioners in the field of European environmental and planning law to address and debate controversial issues arising from the Habitats Directive in an authoritative and practical manner. A must for anyone engaged in property development, planning and environmental law.

Policy within and through law

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Publisher : Maklu
ISBN 13 : 9046607186
Total Pages : 372 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Policy within and through law by : J. De Bruyne

Download or read book Policy within and through law written by J. De Bruyne and published by Maklu. This book was released on 2015-06-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Practising law, whether as a politician, a judge, a lawyer or an academic, is to a certain degree creating or influencing policy', Walter Van Gerven once wrote. This statement and many other similar or opposite statements make one wonder about the nature of the policies concerned, the identities of the decision makers and the rationale underlying those policies. On these and related questions PhD researchers from different Belgian law schools debated at the ACCA-conference held at Ghent University in May 2014. This book holds the fruits of those debates. Hence, the book contains concise contributions focusing on policy questions in matters related to various fields of law, such as environmental, constitutional, civil, social, criminal, procedural or EU law. It seeks to provide an insight into the interplay between legislators and administrative bodies on the one hand and judges and legal scholars on the other hand, bringing about the creation of a new policy or the adjustment or abolishment of an existing policy.

European Union Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0198855753
Total Pages : 1026 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis European Union Law by : Catherine Barnard

Download or read book European Union Law written by Catherine Barnard and published by Oxford University Press, USA. This book was released on 2020 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by experts, this innovative textbook offers students a relevant, case-focused account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of perspectives on EU law designed to introduce students to the key debates and case law which shape this vast subject.

European Environmental Law

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Publisher : Cambridge University Press
ISBN 13 : 1107014700
Total Pages : 563 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis European Environmental Law by : Suzanne Kingston

Download or read book European Environmental Law written by Suzanne Kingston and published by Cambridge University Press. This book was released on 2017-07-20 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical and contextual overview of European environmental law examining today's key environmental challenges alongside traditional topics.

Precedents and Case-Based Reasoning in the European Court of Justice

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Publisher : Cambridge University Press
ISBN 13 : 1107045495
Total Pages : 357 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Precedents and Case-Based Reasoning in the European Court of Justice by : Marc Jacob

Download or read book Precedents and Case-Based Reasoning in the European Court of Justice written by Marc Jacob and published by Cambridge University Press. This book was released on 2014-03-20 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Inside the Equal Access to Justice Act

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Publisher : Rowman & Littlefield
ISBN 13 : 1442257458
Total Pages : 679 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis Inside the Equal Access to Justice Act by : Lowell E. Baier

Download or read book Inside the Equal Access to Justice Act written by Lowell E. Baier and published by Rowman & Littlefield. This book was released on 2015-12-17 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: Next Generation INDIE Book Awards Grand Prize Winner, Best Non-Fiction Book in 2017; and Winner in the Science/Nature/Environment category Finalist for Foreword INDIES Book of the Year Awards in Ecology and Environment In this book, Lowell E. Baier, one of America’s preeminent experts on environmental litigation, chronicles the century-long story of Americas’ resources management, focusing on litigations, citizen suit provisions, and attorneys’ fees. He provides the first book-length comprehensive examination of the little-known Equal Access to Justice Act (EAJA) and its role in environmental litigation. Originally intended to support veterans, the disabled and small business, EAJA, Baier argues, now paralyzes America’s public land management agencies. Baier introduces readers to the history of EAJA, examines the many beneficiaries of the law, describes in depth 20 of the most prominent litigious environmental groups in America, and recommends carefully tailored amendments to the EAJA to correct environmental abuses of the law while protecting legitimate interests. Inside the Equal Access to Justice Act will be a valuable resource for the environmental legal community, environmentalists, practitioners at all levels of government, and all readers interested in environmental policy and the rise of the administrative state.

Wilderness Protection in Europe

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Publisher : Cambridge University Press
ISBN 13 : 1316565157
Total Pages : 659 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Wilderness Protection in Europe by : Kees Bastmeijer

Download or read book Wilderness Protection in Europe written by Kees Bastmeijer and published by Cambridge University Press. This book was released on 2016-04-01 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe still retains large areas which play host to numerous native and free-functioning ecosystems and lack roads, buildings, bridges, cables and other permanent manifestations of modern society. In the past such areas were considered wastelands, whose value lay only in their potential for cultivation and economic exploitation. Today, these wilderness areas are increasingly cherished as places for rest and recreation, and as important areas for scientific research, biodiversity conservation and the mitigation of and adaptation to certain climate change effects. This book provides the first major appraisal of the role of international, European and domestic law in protecting the remaining wilderness areas and their distinguishing qualities in Europe. It also highlights the lessons that can be learned from the various international, regional and national approaches, identifies obstacles to wilderness protection in Europe and considers whether and how the legal protection of wilderness can be further advanced.