European Union Environmental Law Research Articles

Property rights, land use and the rural environment: A case for reform

English Law confers extensive land use rights as an integral attribute of property entitlements and land ownership. Property rights have, however, been subject to incremental reform by a number of different legal and policy instruments since 1945. Many have been introduced since the UK's accession to the European Community in 1972 and are derived from European Union environmental law, and from the law of the Common Agricultural Policy. Others derive from planning law and policy. There has, as a consequence, been an extensive modification to the allocation of land-based utility recognised in property rights, although the common law theory of property entitlements has remained unaffected. This paper considers the impact of these developments on property rights theory, and anticipates the further modifications to property concepts that will be required by a land use policy increasingly focussed on the promotion of environmental stewardship in the countryside. It makes the case for the introduction of a general duty of environmental stewardship as an attribute of property ownership in the law of England and Wales. It considers the contribution that this would make to the delivery of a stable and effective environmental policy for rural land use, and towards a recognition of the wider community interest in, and reliance upon, the sustainable management of land.

Enforcement of European Union Environmental Law--Legal issues and challenges. Edited by MARTIN HEDEMANN-ROBINSON

Enforcement of European Union Environmental Law--Legal issues and challenges. Edited by MARTIN HEDEMANN-ROBINSON

Legal Transposition and Implementation Frameworks for Lithuanian Approximation of EU Environmental Law

In March 1998 the European Union (EU) formally launched a negotiation process by which to further enlarge the EU, having, in the preceding years, invited several former Soviet-influenced countries from Central and Eastern Europe (CEE), along with Cyprus, Malta and Turkey, to participate in accession to the EU if they so wished. This is the second of two articles concerned with Lithuania’s accession to the EU, the process of approximating EU environmental law and the legislative intricacies involved therein. The first paper critiqued the process of enlargement of the European Union from a largely pragmatic legal perspective through a legal case-study examination of Lithuania’s efforts in approximating the environmental acquis into national law. Lithuania was an accession state from Central Europe and acceded to the EU on 1 May 2004. The first paper provided insight into and guidance upon the process of the approximation of environmental law as it may relate, or has related, to other accession countries. It highlights the practical steps and the route of accession to the EU along with the legal requirements contained therein.This second paper focuses more specifically upon the actual implementation and related strategic aspects revealed in Lithuania’s efforts to approximate EU environmental law by reference to best practice, as developed by the lead author, for the EU.

The Tree-lined Road to EU Accession – The Approximation of Environmental Law in Lithuania

In March 1998 the European Union (EU) formally launched a negotiation process by which to further enlarge the EU, having, in the preceding years, invited several former Soviet-influenced countries from Central and Eastern Europe (CEE), along with Cyprus, Malta and Turkey, to participate in accession to the EU if they so wished. This article is concerned with Lithuania’s accession to the EU, the process of approximating EU environmental law and the legislative intricacies involved therein. The paper critiques the process of enlargement of the European Union from a largely pragmatic legal perspective through a legal case-study examination of Lithuania’s efforts in approximating the environmental acquis into national law. Lithuania was an accession state from Central Europe and acceded to the EU on May 1st 2004. This paper provides insight into and guidance upon the process of the approximation of environmental law as it may relate, or has related, to other accession countries. It highlights the practical steps and the route of accession to the EU along with the legal requirements contained therein.

Participation Through Law Enforcement

This article provides a comparative framework for understanding processes of decentralized law enforcement in the European Union (EU). In particular, the analysis proposes how decentralized EU law enforcement mechanisms can increase opportunities for participation of citizens and firms, but only if they possess domestic courts access and sufficient resources to use it. The article undertakes a systematic analysis of noncompliance with EU environmental law to examine this dynamic. The findings reveal a major paradox for the enforcement of EU law: the empowerment of the already powerful. This paradox has major implications for the potential of expanding judicial power in the EU and at the international level to bring more democracy to international politics.

Book Reviews

Books reviewed: James K. Boyce and Barry G. Shelley, Natural Assets: Democratizing Environmental Ownership Peter G.G. Davies, European Union Environmental Law: An Introduction to Key Selected Issues David Edmunds and Eva Wollenberg (eds), Local Forest Management: The Impacts of Devolution Policies Caroline Figuères, Cecilia Tortajada and Johan Rockström (eds), Rethinking Water Management Libor Jansky, Masahiro Murakami and Nevelina I. Pachova, The Danube: Environmental Monitoring of an International River Jack Kalpakian, Identity, Conflict and Cooperation in International River Systems William G. Moseley and B. Ikubolajeh Logan (eds), African Environment and Development: Rhetoric, Programs and Realities

Book Review: European Union Environmental Law: An Introduction to Key Selected Issues

Book Review: European Union Environmental Law: An Introduction to Key Selected Issues

Book Review. European Union Environmental Law. An Introduction to Key Selected Issues

Davies, Peter G.G. European Union Environmental Law. An Introduction to Key Selected Issues. Ashgate, 2004. 311pp. ISBN 1-85521-582-9.

Denmark's compliance with European Community environmental law

Amongst environmentalists Denmark is known for its good environmental law reputation. In both Denmark and other Member States of the Community the impression is that Denmark is complying with European Union (EU) minimum standards on environmental protection and has even higher ideals. This attitude towards EU and Danish environmental law interrelationship has been indirectly supported by the absence of cases brought before the European Court of Justice (ECJ). The theoretical objections are based on two observations: it is misleading to measure environmental protection on a one-dimensional scale; it is not possible to judge what are incomparable entities such as EU and Danish environmental law on a one-dimensional scale. The 'stricter' or 'higher' approach ignores the complex impact on different environmental elements. According to the ECJ ruling, quality standards for drinking water under the Drinking Water Directive are legally binding. According to Article 3 of the Birds Directive (79/409), Member States are required to preserve, and/or re-establish habitats for wild birds.