High Level Of Environmental Protection Research Articles

Sustainable and Climate-Friendly Products: What Role Is There for Product Standards?

The legal regulation of products within the European Union has witnessed significant developments over time. Originally driven by the imperative to remove barriers to the free movement of goods, it gradually incorporated environmental considerations, albeit to a limited extent. However, the importance of environmental requirements for products is gradually increasing and the effort to ensure that products placed on the market are sustainable and climatefriendly is gaining momentum. This article delves into the fundamental aspects of regulating products in the EU through the establishment of standards. It offers an analysis of the main trends of European standard-based product policy from a historical perspective and discusses various general contemporary issues of product standard-setting in the view of ensuring a high level of environmental protection.

«Green» logistics in the business of logistics transportation: prospects and features of the development of «green» logistics in business for Ukraine

The urgency of researching the directions of logistics transformation determines the growth of the social responsibility of business. This article examines the goals, tasks, and principles of ecological logistics and the factors of the concept of responsibility during the implementation of logistics operations. Now, significant results of applying new technologies and strategies in the activities of Ukrainian entrepreneurs, state institutions, and commercial and non-commercial organizations are being monitored. Today, logistics technologies reach a new level of organization and management, and innovative solutions, technologies, and strategies are used. This determines the high level of environmental protection. The business implements modern trends to preserve the environment. For example, factories and transport companies create their environmental plans. The majority of customers and companies prefer rail transport for international transportation. Thanks to this, the achievement of quantitative and qualitative goals of logistics activity is created. Through the cooperation of economic, social, and environmental components. This forms the image of «green logistics». The article considers the goals, tasks, and principles of «green» logistics, factors that contribute to the formation of the concept of general responsibility during logistics operations, and conditions of its implementation. It was determined that the possibility of achieving quantitative and qualitative goals of logistics activity is provided by synthesizing economic, social, and ecological components that form the outline of «green logistics»; the unity of the interaction of these components provides resource-saving technologies. The cooperation of these components creates conditions for the development of resource-saving technologies. Logistics has a significant impact on most components of the environment. For example, atmospheric air and water pollution, ozone layer destruction, etc. It has been studied that the impact of various vehicles on the environment has become an incentive for countries' governments to develop «green» technologies. It is important to note that state support is a significant factor in implementing ecological strategies and innovations for implementing approaches and methods of managing material, technical, production-economic, and transport-distribution operations. Keywords: logistics, «green» logistics, environment, logistics processes, «green» technologies.

Prosecution of Environmental Crime in the Federation of Bosnia and Herzegovina for the Period 2018–2020

The paper analyzes issues related to the criminal prosecution of perpetrators of crimes against the environment, especially from the aspect of criminal legislation and the practice itself in the prosecution of these crimes against the environment in the Federation of Bosnia and Herzegovina. Bearing in mind that in criminal offenses against the environment, as a rule, there is no immediate victim, and that this type of criminality can remain unnoticed for a long period of time before any possible damage becomes visible, in this paper, the review of official statistical data offers an overview related to the processing of these of criminal offenses in the Federation of Bosnia and Herzegovina for the selected three-year period from 2018 to 2020. Although the majority of criminal legislation in the countries of the former Yugoslavia, including Bosnia and Herzegovina, sets a high level of environmental protection, the analysis of official statistical data cannot conclude that the detection and prosecution of this type of criminal offense has a sufficient prioritization in Radujoš. both with administrative bodies and with criminal prosecution bodies, regardless of the developed capacities about the dangers and serious consequences of this type of criminality. In this regard, in addition to the practice of prosecuting criminal offenses against the environment in the Federation of Bosnia and Herzegovina, the paper also offers a set of recommendations for decision makers on systemic steps for adequate environmental protection.

Identification Methodology for Chemical Warehouses Dealing with Flammable Substances Capable of Causing Firewater Pollution

Major accidents involving flammable substances can lead to significant environmental damage. The operators of chemical warehouses—in order to prevent and mitigate harmful environmental impacts—based on fire prevention strategies should apply “firewater pollution prevention” (FPP) measures. The identification of affected warehouses already in operation is an important law enforcement task. Therefore, the authors—based on the assessment of firewater run-off scenarios—propose a simple and easy-to-use dangerous establishment identification procedure and methodology based on event tree analysis and indexing preliminary risk analysis approaches. Two independent expert groups validated—in the case of 10 facilities—the index components of the approach. The testing of the applicability of the approach took place in parallel with the analyses of the Hungarian operator’s practice. The research results—covering the inspection of 24 facilities—can assist the operators in the effective and unified implementation of FPP measures. In the case of 14 facilities, it was necessary to introduce FPP measures, which highlight the need to improve the law enforcement compliance of identified operators. The investigation results can also contribute to increases in the fire and environmental safety performance of chemical warehouses, which ensures a higher level of environmental protection and people’s health near chemical warehouses.

Public health issues related to poultry and poultry products

Several factors are influencing the poultry production and health such as strong global competition; changes in social, political and consumer perceptions with regard to food safety, animal welfare and environmental protection.
 The loss of consumer confidence and trust in the quality and safety of poultry meat and poultry products will remain a continuous major challenge. Many human foodborne infections are linked to poultry. Control and/or elimination of these organisms present a great challenge.
 The development of antibiotic resistant bacteria will also be a continuous public health hazard. The future concept of animal health will cover not only the absence of disease in birds, but also the relationship between the health of animals and their welfare. It will also take into account social, economic and ethical considerations, as well as support the achievement of a high level of environmental protection. In general, consumer expectations for high quality products will strongly influence future production methods. This means that farmers, veterinarians, stockholders and all other partners involved in the production chain need to share more responsibilities. The present paper explores these points.

КОНЦЕПТУАЛЬНІ ОСНОВИ РОЗВИТКУ ПІДПРИЄМСТВ ТРАНСПОРТУ НА ЗАСАДАХ ЗЕЛЕНОЇ ЛОГІСТИКИ

The article is devoted to the issue of effective development of transport enterprises in modern economic conditions. The key principles of green logistics for enterprises in the transport sector considered, namely: preservation of the environment; rational use of resources; minimization of waste; energy saving; ecological disposal of containers and packaging; minimal use of packaging; environmentally safe transportation and storage of goods; introduction of innovative technologies to reduce damage to the environment during transportation; conducting appropriate training to increase the level of environmental awareness of personnel. Effective introduction of green logistics principles should bas on technical, organizational and environmental factors. Since the basic condition for the activity of transport enterprises is the availability of appropriate technical means, the implementation of ecological principles should first of all be based on the eco-technical development of transport enterprises The components that affect the development of transport enterprises in our country established the action of interested parties, primarily consumers; environmental regulations and standards; the size of the enterprise; geographical location; position in the logistics chain; features of enterprise management; staff etc. Special attention paid to the key activities of transport enterprises within the framework of environmental protection: formation of logistics centers taking into account their ecological and economic efficiency; rational organization of warehouse storage; renewal of rolling stock taking into account environmental trends; changing the structure of the supply chain using electrically safe modes of transport; stimulation to minimize the generation of waste; use of environmentally safe containers and packaging; informing consumers about the greening of the company's activities. Implementation of the principles of green logistics in the activities of transport enterprises is a relevant and urgent issue, because green logistics is the direction that outlines the future directions of economic development. Therefore, in order to ensure a high level of environmental protection, it is necessary to introduce an integrated system of environmental protection at all stages of the movement of goods by conducting an environmental policy aimed at creating a green economy in the country.

Assessment of the Effects of Leachates on Groundwater Quality in Igwuruta, Ikwerre Local Government Area of Rivers State, Nigeria

This study focuses on the assessment of the effects of leachates on groundwater quality in Igwuruta, Ikwerre Local Government Area of Rivers State, Nigeria. Ten (10) water samples comprising of five (5) leachate and five (5) borehole water samples were collected and analyzed as well as measurement of static water level (SWL). The sampling was done by using standard techniques. These analyzed parameters were compared with the World Health Organization guidelines for drinking water quality. The analyzed parameters were below the permissible limits of water quality guidelines, except for the leachate samples that were analyzed for chloride which concentrations ranges from 2850 - 3100mg/l below the 250mg/l and sulphate concentration ranges from 170.5 - 289.2mg/l below the 250mg/l. Iron concentration ranges from 3.6 - 4.7 mg/l above the permissible limits of 0.3 mg/l. The high concentrations of iron in the leachate is probably due to the dumping of metal scraps at the dumpsites, which corrodes, leaches out and infiltrates to contaminate the groundwater. The hydrochemical facies of the leachate samples corresponds to the region of saline water type (Na+ -K- Cl-- SO4 2-) as a result of the high concentration of Sodium. The static water level (SWL) of the area ranges from 2.5m to 8.7m. The water level data was determined in different boreholes in the study area. The maximum static water level in the study area occurs around BH4, at 8.4m below ground surface followed by BH2, with 6.2m below the ground surface. Values of static water level decreased in BH5 at 5.7m, BH1, 3.4m and BH3 at 2.5m. These values show shallow water levels which makes the aquifer in the area vulnerable to contamination from leachate and solid wastes. It is recommended that proper waste management practice(s) should be carried out in order to maintain a high level of environmental protection and sustainability as low as reasonably practicable.

The environmental challenges of AI in EU law: lessons learned from the Artificial Intelligence Act (AIA) with its drawbacks

PurposeThe paper aims to examine the environmental challenges of artificial intelligence (AI) in EU law that regard both illicit uses of the technology, i.e. overuse or misuse of AI and its possible underuses. The aim of the paper is to show how such regulatory efforts of legislators should be understood as a critical component of the Green Deal of the EU institutions, that is, to save our planet from impoverishment, plunder and destruction.Design/methodology/approachTo illustrate the different ways in which AI can represent a game-changer for our environmental challenges, attention is drawn to a multidisciplinary approach, which includes the analysis of the initiatives on the European Green Deal; the proposals for a new legal framework on data governance and AI; principles of environmental and constitutional law; the interaction of such principles and provisions of environmental and constitutional law with AI regulations; other sources of EU law and of its Member States.FindingsMost recent initiatives on AI, including the AI Act (AIA) of the European Commission, have insisted on a human-centric approach, whereas it seems obvious that the challenges of environmental law, including those triggered by AI, should be addressed in accordance with an ontocentric, rather than anthropocentric stance. The paper provides four recommendations for the legal consequences of this short-sighted view, including the lack of environmental concerns in the AIA.Research limitations/implicationsThe environmental challenges of AI suggest complementing current regulatory efforts of EU lawmakers with a new generation of eco-impact assessments; duties of care and disclosure of non-financial information; clearer parameters for the implementation of the integration principle in EU constitutional law; special policies for the risk of underusing AI for environmental purposes. Further research should examine these policies in connection with the principle of sustainability and the EU plan for a circular economy, as another crucial ingredient of the Green Deal.Practical implicationsThe paper provides a set of concrete measures to properly tackle both illicit uses of AI and the risk of its possible underuse for environmental purposes. Such measures do not only concern the “top down” efforts of legislators but also litigation and the role of courts. Current trends of climate change litigation and the transplant of class actions into several civil law jurisdictions shed new light on the ways in which we should address the environmental challenges of AI, even before a court.Social implicationsA more robust protection of people’s right to a high level of environmental protection and the improvement of the quality of the environment follows as a result of the analysis on the legal threats and opportunities brought forth by AI.Originality/valueThe paper explores a set of issues, often overlooked by scholars and institutions, that is nonetheless crucial for any Green Deal, such as the distinction between the human-centric approach of current proposals in the field of technological regulation and the traditional ontocentric stance of environmental law. The analysis considers for the first time the legal issues that follow this distinction in the field of AI regulation and how we should address them.

Analysis of the Possibilities for Improving the Environmental Legislation of Kazakhstan

The study describes the results of a study of environmental problems that limit socio-economic development in Kazakhstan. Changes in legislation, management decisions, and strengthening of control over compliance with environmental standards are proposed. The article examines the gaps in the legislative regulation of environmental safety and the policy at the national level. The recommendations outlined in the research will create conditions for ensuring a higher level of environmental protection, introduce a more effective system for the prevention and control of pollution and waste management, which will inevitably lead to a significant step-by-step improvement in the quality of the environment in the medium and long term, and as a result - to reduce the levels of morbidity and mortality, loss and decrease in the working capacity of the population caused by environmental pollution. Such positive social consequences will help reduce the losses in GDP associated with the above factors.

Promoting EU values in international agreements

Within the framework of external relations policy as a subject of international law, the European Union has the right to negotiate, conclude, amend and terminate international agreements on its own behalf, i.e., it has competences granted on it in this area by the Treaties. International agreements concluded at European level are results of an agreement between parties and belong to the sources of European Union Law. Current practice in concluding international agreements at the level of the European Union proves that trade and investment agreements contain provisions concerning civil society, labor relations andenvironment. The scientific study opens a discussion on a new model of international agreements which, in addition to trade relations, contain provisions on the social status of employees of the parties and on sustainable development. This new model of international treaties is supported by all Member States. The systems analysis shows that the European Union no longer acts as an economic-integration grouping towards third countries, but as an international organization that takes into account high level of environmental protection and the protection of employees' industrial relations.

LEGAL REGULATION OF INDUSTRIAL WATER USE IN THE EUROPEAN UNION

The article presents the characteristics of the legislation regulating the right of water use of industrial enterprises in the European Union. Three periods of formation and development of the provisions of water legislation that restrict or prohibit the industrial discharge of hazardous substances into the water are considered. The institute of integrated environmental permitting is considered. It is noted that the issuance of this type of permits is carried out on the basis of the best available technologies. The best available technologies are those technologies that achieve a high level of environmental protection in the most effective way, developed and ready for implementation, cost-effective, technically feasible, applicable to a particular enterprise. At the same time, enterprises should prevent large-scale and cross-border environmental pollution, effectively use water, energy, raw materials, reduce the risks of accidents and minimize the consequences, monitor emissions, and reclaim the land after the termination of their activities. It is concluded that according to the European water legislation, water is defined as a natural object, and in some cases-as a natural resource that requires special protection from the state.

Efficiency of a pilot scheme for the separate collection of the biowaste from municipal solid waste in Spain

According to EU regulations, member states shall take measures to encourage the recycling of biowaste in a way that fulfils a high level of environmental protection. In Spain, the separate collection of biowaste is only implemented in some regions. For this reason, a pilot scheme based on an information campaign and the location of a specific brown container for biowaste in specific zones of the city was carried out in Castelló de la Plana (Spain) over a period of six months. In this period, the collection and composition of the biowaste was monitored in depth with the goal of determining the evolution of the efficiency of the new collection system over time. In the zones, the quality rate in the biowaste container increased as the pilot study progressed, finally reaching 90%. The rate of biowaste separation also increased in the three zones over time, although in different ways, which means that there is greater collaboration on the part of citizens. On the other hand, an analysis of the rate of net biowaste daily collection from zones 2 and 3 has shown that their value increases as the rate of containerization of biowaste decreases. Therefore, to obtain better results it will be necessary to increase the containerization of biowaste, that is, to reduce the distance from the citizen to the container. It can thus be said that there is a positive evolution of the experience, which boosts confidence when it comes to implementing the system throughout the city.

S4 - A demonstrator of HYPLANE, a single stage suborbital spaceplane and a hypersonic business jet

The mid-to-long term perspectives of suborbital hypersonic spaceplanes require the availability of ultra-fast, winged vehicles, characterized by low wing loading, streamlined fuselages, sharp nose and wing leading edges, able to manoeuvre along flight trajectories at small angles of attack. From another point of view, the cost associated with sub-orbital space access flight is strongly conditioned by the still small dimension and uncertainties of its market.Therefore, hypersonic technologies and vehicle design suitable for the suborbital market as well as for point-to-point fast transportation can facilitate the endeavour. A high-speed business-jet is widely recognized to be more technologically affordable than larger aircraft and even more feasible from an economic point of view. Along this wave, HYPLANE is proposed as a 6-pax hypersonic business jet designed for P2P stratospheric transportation and suborbital flight at reduced ticket price. It will be based on more readily state-of-art available technologies like titanium alloys for its structure which are suitable to manage the levels of heat produced on external surfaces at those speeds and turboramjet engines, instead of less proven scramjets required for faster aircrafts. No disruptive or currently low TRL technology is needed, rather enhancing already available innovations. Attention is given to maintaining high level of environmental protection, especially in terms of sonic boom effects on ground, global and local pollution and noise emissions. To flight validate the system and related technologies, a multi-mission Single Stage Suborbital Spaceplane (S4) demonstrator is proposed. In parallel, the evolution of the Campanian Grazzanise airport to become a spaceport is being supported in the frame of a Suborbital TEst Polygon (STEP) proposed to be established between Campania and Sardinia regions. It will make available the perfect operational scenario where to test and make use of the S4 demonstrator.

Ecological cases of the ECtHR and the environmental risk of GMO

The aim of this article is to consider the guarantees of protection of such a fundamental human right of the fourth generation as the right to a healthy and quality environment. The authors focus on the Jurisprudence of the European Court of Human Rights (ECtHR) in environmental matters in cases. The article touches upon the States’ positive obligations in particular the obligation to provide access to essential information enabling individuals to assess risks to their health. The research framework includes a discussion from a human rights perspective (the right to a healthy and quality environment). We consider the criterion of relevance (applicability) environmental cases where the pollution is directly caused by the state or when state responsibility arises from a failure to regulate adequately the private sector. Particular focus is placed on the category of Russian cases related to plants operation and above the norm air emissions as well as to the consequences of the Chernobyl nuclear power plant disaster. The article analyzes the EU policy regarding the regulation of production and turnover of products containing genetically modified organisms. With regard to environmental protection, the EU Charter of Fundamental Rights stipulates that a high level of environmental protection and environmental quality improvement should be integrated into EU policies and guaranteed in accordance with the principle of sustainable development. It was found that in the EU legislation and judicial practice on biotechnology and food safety, there is a rigid line of regulation of the production and circulation of products containing GMOs.

Стратегии рационального и комплексного использования минерального сырья на основе наилучших доступных технологий и оценки жизненного цикла отходов горного производства

The relevance is explained by the need to expand the functionality of the mining and environmental concept of waste-free production. The purpose of the study is to develop a new one Strategy for the rational and integrated use of mineral raw materials based on the best available technologies (BAT) and an assessment of the life cycle of mining waste. The object of research is the Best Available Technologies, BAT (Best Available Technologies) of mining enterprises. The subject of the study is the relationship of the basic principles of the selection of BAT from alternative technology options with the assessment of the life cycle of mining waste. Method and methodology of research – theoretical analysis, system analysis, development of flowcharts and the new one Strategies for rational and integrated use of mineral raw materials. Results and discussion: a multi-stage comparative analysis of waste management systems in the EU and in the Russian Federation was carried out, which showed that in Russia, for the effective functioning of this system, it is necessary to find and implement such management methods that will allow mining enterprises to interact with the biosphere with the least impact on the environment; it is established that the comparison of alternative versions of BAT is the most effective solution for ensuring an overall high level of environmental protection, saving material and energy resources, taking into account the economic feasibility of implementation. During the EIA, in order to select economically optimal BAT from alternative technology options, enterprises should perform a number of calculations according to the recommended methods and taking into account the nine principles of BAT. Conclusions: the life cycle assessment of mining waste should be integrated into a single management system; a new Strategy for the rational and integrated use of mineral raw materials has been developed based on the best available technologies and the life cycle assessment of mining waste, which allows for waste-free or low-waste production within the framework of the mining and environmental concept

If You Are Not Part of the Solution, You Are the Problem: Article 37 of the EU Charter as a Defence for Climate Change and Environmental Measures in Investor-State Arbitrations – Joint 2nd Prize Winner Essay competition 2020

Climate change is severely impacting the survival of humankind on earth. In the European Union (EU), the Charter of Fundamental Rights (EU Charter) codifies environmental protection as part of the EU’s corpus of fundamental rights protection and states that “a high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the EU and ensured in accordance with the principle of sustainable development”. By virtue of this article, the EU has elevated environmental protection to the level of constitutionality. Environmental concerns have played a critical role in investor-state arbitration. This article submits that Article 37 of the EU Charter might be a viable defence for Member States of the EU (Member States) that adopt climate change and environmental measures. Such defence would not consist of a jurisdictional challenge based on the Achmea decision but of a defence based on the applicable law which protects the notion of sustainable investment enshrined in the applicable international investment agreement. Article 37 of the EU Charter could, therefore, operate a powerful tool to foster environmental protection in investor-state disputes and, therefore, address one of the most widespread complaints in the backlash against investor-state arbitration.

European Green Deal \u2013 legal and financial challenges of the climate change

The European Green Deal announced by the European Commission in December 2019 is a roadmap meant to foster the transition of the European Union towards the climate-neutral economy by reducing carbon emissions towards 55% by 2030 and achieving carbon neutrality by 2050. By putting the EGD in a boarder perspective of evolving, constitutional rationale of environmental protection in the EU legal order, this contribution examines horizontal, legal dimension and financial implications of the green transition. The challenge ahead of the Union is now how to transform the ambitious climate agenda into efficient legal and economic instruments ‘in a fair way, leaving no one behind’. This paper argues that EGD is a great opportunity, but in order to turn it into a success, it must be strongly anchored in the concepts pertaining to the constitutional framework of the EU legal order, in particular, the concepts of solidarity, sustainable development and high level of environmental protection.

The Positive Protection Obligation of the State and the Legal Perspective of Environmental Rights

유럽인권재판소는 자유권과 사회권을 이분법적으로 양분하여 판단하고 있지 않다. 이는 자유권과 사회권의 구별이 점차 흐려지고 있다는 것이다. 그리고 공법관계와 사법관계의 구별도 점차 흐려져 왔다. 사실 이러한 변화의 움직임은 국제인권법에서 분명하게 나타나고 있다. 그리고 이러한 변화는 권리를 실질적으로 보호하기 위한 것으로 보인다. 이러한 변화의 움직임에 우리 법리적 시각도 변화되어야 할 것으로 보인다. 모든 환경문제와 관련하여 완벽하게 입법한다는 것은 사실상 불가능하다. 따라서 법령에 규정된 범위 내에서 환경권을 보호한다는 것은 환경피해에 대한 권리구제의 사각지대를 스스로 인정하는 것이며, 환경권을 경시하거나 간과하는 것이다. 따라서 환경권은 사인 간에도 직접적인 효력이 있는 구체적 권리로 인정되어야 하며, 주관적 공권성을 인정해야한다. 이에 따라 원고적격을 확대하고 본안에서 환경피해에 대해 면밀히 사법심사를 할 필요가 있다. 그리고 유럽인권법원은 국가에게 환경문제에 있어서 국가의 적극적 보호의무를 부여하면서 국가가 충분한 보호 조치를 실행했는지 여부에 따라 유럽인권협약을 위반했는지 여부를 판단하고 있다. 그러나 헌법재판소는 환경권과 관련한 입법부작위에 있어서 “충분한 보호조치 원칙”이 아닌 “과소보호 금지의 원칙”을 사법심사의 기준으로 삼고 있어서, 재판관에 따라 견해의 차이가 있을 수 있다. 따라서 헌법재판소는 “과소보호 금지의 원칙”을 사법심사의 기준으로 사용할 경우에는 국가의 적극적 보호 의무를 적극적으로 고려하든가 아니면 국가의 적극적 보호 의무가 고려된 “충분한 보호조치 원칙(가칭)”을 사법심사의 기준으로 삼을 필요가 있다. 헌법재판소의 결정례를 보면, 3명의 재판관은 “과소보호 금지의 원칙”을 적용하는데 있어서 국가의 적극적 보호의무를 소극적으로 고려하여 합헌 결정을 하였고, 4명의 재판관은 적극적으로 고려하여 헌법불합치 판결을 내렸기 때문이다. 다만, 앞에서 살펴본 결정례는 위헌 정족수 미달로 합헌결정이 내려진 것은 매우 아쉬운 일이다. 또한, 국가의 기본권에 대한 적극적 보호 의무를 실행하게 할 수 있는 의무이행소송과 예방적 금지소송을 행정소송법에 도입할 필요가 있다.European Court of Human Rights and United Nations Human Rights Committee does not judge the right of freedom and social rights by dividing according to the dichotomy. This means that the distinction between the right of freedom and the right of society is gradually blurring, and the distinction between the public law and the civil law has gradually been blurred. In fact, this change is clearly seen in the International Human Rights Act, and this change seems to be intended to protect rights in practice. Our legal perspective should be changed in this change. It is virtually impossible to legislate perfectly in all environmental issues. Therefore, protecting environmental rights within the scope of the legislation is to recognize the blind spot of the right to relief for environmental damage by oneself and to neglect or overlook the environmental rights. Therefore, environmental rights should be recognized as a concrete right and subjective public right. Accordingly, it is necessary to expand ‘standing to sue’ and whether or not the environmental infringement is recognized should be judged in lawsuit on the merits. And it would be more desirable to recognize environmental rights as a concrete right that are directly effective among individuals. The Constitutional Court employs ‘principle of prohibition of insufficient protection’ as a standard of judicial review in legislative omission related to environmental rights, but there may be differences in opinions according to judges, so when judging this, the active protection obligation of the state should be actively considered. In addition, it is necessary to introduce a mandatory action lawsuit to Administration Litigation Act, which allows the active protection obligation of the state to be implemented. However, even if a mandatory action lawsuit is introduced, only a disposition can be ordered, an act of fact(e.g. installation of sound absorbing walls, safety measures, prevention measures etc.) can’t be ordered. Therefore, even if a mandatory action lawsuit is introduced, it is necessary legislation that can order an act of fact. Charter of Fundamental Rights of the European Union Aticle 37(Environmental protection) provides that “A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development.” This reflects the level of European Union consciousness on environmental protection. This reflects the level of EU awareness of environmental protection. In other words, how well the environmental rights are legally protected depends on the level of awareness of the environment of the state and its people. Our environmental rights should still grow further.

The Programmatic Approach: Finding the Right Balance between the Precautionary Principle and the Right to Conduct a Business

This article aims to assess whether a programmatic approach could still be a useful legal instrument for the allocation of scarce environmental rights and a legitimate tool for implementing EU Directives. In response to the recent judgment of the Court of Justice of the European Union (cjeu) in the Dutch Programmatic Approach to Nitrogen case, 1 we will examine under what conditions a programmatic approach could be compatible with the precautionary principle and the freedom to conduct a business as protected by EU law. These principles are inextricably linked, and the Member States and the cjeu must find a balance between a high level of environmental protection and the freedom to conduct a business.

State Measures That Mitigate an Undertaking’s Environmental Obligations · Case T-257/18 Iberpotash · Annotation by Daniel Vasbeck

This case concerns the interplay between environmental obligations and State aid rules. The General Court upheld the Commission’s finding that Spain had granted State aid to the applicant, a mining operator, through two measures that alleviated its restoration obligations. The first measure related to guarantees covering environmental obligations. Their level was set by the State but the guarantees themselves were issued by a private bank. The General Court, based on an extensive interpretation of the State resources criterion, considered that a State measure reducing such guarantees below the requisite level could create a sufficiently concrete risk of a burden on the State budget. The General Court’s interpretation is significant because it extends to all scenarios where (i) undertakings have to provide a guarantee to cover environmental risks and (ii) the State has a subsidiary obligation to intervene. The second measure related to environmental protection measures adopted by the State in lieu of an undertaking and which went beyond the mandatory level. The judgment highlights the risk that Member States seeking to achieve a higher level of environmental protection may grant an advantage to an undertaking by reducing its future environmental exposure.