Abstract
The Utrecht Law Review is an open-access peer-reviewed journal which aims to offer an international academic platform for cross-border legal research. In the first place, this concerns research in which the boundaries of the classic branches of the law (private law, criminal law, constitutional and administrative law, European and public international law) are crossed and connections are made between these areas of the law, amongst others from a comparative law perspective. In addition, the journal welcomes research in which classic law is brought face to face with not strictly legal disciplines such as philosophy, economics, political sciences and public administration science.The journal was established in 2005 and is affiliated to the Utrecht University School of Law. If you wish to receive e-mail alerts please join the mailing list.
Highlights
In 2004, the European Union adopted an Environmental Liability Directive (2004/35/EC)
Article 2(1) stipulates that the significance of the adverse effects on the favourable conservation status of habitats and species included in the Environmental Liability Directive (ELD) is to be assessed with reference to the baseline condition, taking account of the criteria set out in Annex I
The obligations of Article 6(1) of the Habitats Directive to establish conservation measures aimed at reaching favourable conservation status do not apply to the habitats and species included in the ELD which occur outside the Natura 2000 network
Summary
In 2004, the European Union adopted an Environmental Liability Directive (2004/35/EC). ELD, the potential remedial measures are to be identified in accordance with Annex II of the ELD.[6] As stated above, the person who has caused environmental damage is liable for all costs related to the preventive and remedial actions.[7] Section 4 aims to answer the question of which costs can be recovered. The complex definition of environmental damage, the difficulties in providing conclusive evidence of damage and the significance of the costs in selecting remedial measures give rise to the question whether the ELD will lead to the restoration of affected natural resources.
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