Suchergebnisse

The purpose of this article is to show it is only in light of legal culture that climate change jurisprudence in the European Union can be explained. Examining the case law concerning the EU Emissions Trading Scheme, this article demonstrates that climate change proceedings in the European Union raise questions that stand at the heart of the EU legal order; that is, they demand that the boundaries of the EU's regulatory competences are drawn. In effect, the EU courts focus on ensuring that EU climate change laws are in accord with the rule of law or, in the context of EU law, the borders of the EU's environmental regulatory powers. As such, this article shows that attention needs to be given to the interaction between climate change laws and the constitutional role of the EU judiciary. These interactions are considered here together with the contingency of EU climate change litigation on EU legal culture.

This paper sheds light on the existence of a differential deterrence regime in EU law, depending on whether the State or the firm is the addressee of a legal obligation. To that end, we review two areas of EU law – environmental law and competition law. Both disciplines employ fines to deter the State and the firm respectively from violating their specific duties under the Treaty: the 'duty to transpose' with regard to State obligation under environmental law, and the 'duty to compete' in relation to firms under competition law. We show how the deterrence regime is softer on the State in at least three ways: functionally (purpose ascribed to the penalties), operationally (method followed to set and liquidate the penalty), and procedurally (requiring prior judicial approval as opposed to having immediate applicability). These findings are significant for two reasons: they suggest a State versus firm discrepancy in the EU's deterrence regime, and serve to initiate a debate on the desirability of such a divide. ; Peer reviewed

Part I: Environmental Rights: Hopes, Fears and Realities -- 1. Environmental Rights in Europe and Beyond: Setting the Scene -- Sanja Bogojevic and Rosemary Rayfuse -- 2. Pitfalls in Promoting Environmental Rights -- Colin T Reid -- 3. Environmental Rights in Marine Spaces -- Richard Barnes -- Part II: What Kinds of Environmental Rights in the EU Context? -- 4. Substantive Environmental Rights in the EU: Doomed to Disappoint? -- Chris Hilson -- 5. Environmental (Property) Rights in Market-based Management -- Sanja Bogojevic -- 6. Environmental Rights and Principles: Investigating Article 37 of the EU Charter of Fundamental Rights -- Eloise Scotford -- 7. Article 11 TFEU and Environmental Rights -- Julian Nowag -- Part III: Courts and Environmental Rights -- 8. Green Courts as the Providers of Environmental Rights? The Case of the Swedish Land and Environment Courts -- Anders Bengtsson -- 9. EU Environmental Rights as Human Rights: Some Methodological Difficulties Facing European Courts 1 -- Eduardo Gill-Pedro -- Part IV: Whose Environmental Rights? -- 10. The Rights of Environmental Investors: The Case of Renewable Energy -- Anatole Boute -- 11. Pulling the Trigger: ENGO Standing Rights and the Enforcement of Environmental Obligations in EU Law -- Jan Darpö