The Protection of Land in Greece – before and after the implementation of the Environmental Liability Directive

Abstract

On September 29, 2009 the Presidential Decree on Environmental Liability that implements the Environmental Liability Directive came into force. Environmental protection was previously provided in legislative works as well, such as in the Constitution and in the Law on Environmental Protection, which are shortly portrayed. Though, through the Presidential Decree on Environmental Liability, long awaited land protection legislation in Greece finally came to pass. The definitions set out, the competent authorities, the preventive and remedial actions, as well as the offenders liable for the preventive and remedial costs are analysed. Equally the cases of multiple party causation foreseen, that include contributory negligence of operator, producer, importer, supplier and public authority, are set out. During this analysis, a comparative view of the final form of the Degree with the initial draft thereof is offered. Special mention is made of the polluter-pays principle in Greece that is compared with the ones in the United Kingdom and in Germany. Finally, some aspects that have not been regulated in the Presidential Decree, contrary to those in the United Kingdom, Germany and The Netherlands, are noted.