Suchergebnisse

The urgency of transitioning to a circular economy is by now widely recognized. Overexploitation of our earth has been convincingly evidenced globally. An optimal legal instrumentation is one of the prerequisites for fostering the transition to a circular economy. This article identifies and critically assesses recent developments of relevant legal tools and provides some ideas of what else could be needed for the pathway to a circular economy. Since the EU may be seen as a frontrunner in this area and is rapidly developing additional legal instruments to contribute to the transition, the EU is taken as a showcase. Besides EU law, the role of international law is discussed, as well as the question what individual states can do, within the boundaries of internal markets such as the EU. In short, there still is some room for improvement of EU law, especially concerning the establishment of concrete quantifiable general targets and the introduction of general legal principles of sustainable product design. On a global level, there is an urgent need to discuss and develop a legal framework for fostering the transition to a more circular economy.

Procedures to receive a permission concerning environmental issues and procedures to receive a permit for building plants, highways, airports and so on often take long and not seldom very long. The administrative proceedings involved are very often complex. In several countries, there is an increasing desire to speed up administrative decision-making proceedings, especially in the field of complex infrastructure projects. The current economic crisis enhanced this necessity. Both developments, the incumbent economic crisis and the dissatisfaction with the current system of decision-making, resulted in planned or taken measures. With regard to these planned or implemented (legislative) measures, a possible clash may occur between, on the one hand, speedier decision-making and, on the other, the quality of the proceedings and the rights of the citizens.
In the course of the summer of 2009, the administrative law department of Maastricht University carried out a comparative law research on this issue. The research involved an exploration of the ways in which issues relating to complex decision-making procedures are dealt with in Germany, the United Kingdom, France and the Netherlands and the experiences after certain acceleration measures have been implemented. Besides analysing the relevant statutes, case law and legal writings, the researchers interviewed stakeholders who are engaged in the decision making process in practice, like civil servants, judges, advocates and representatives of environmental groups. This article is based on a selection of findings of that research.

"Quality and speed in administrative decision-making: tension or balance? presents six national perspectives [Germany, France, Italy, Great Britain, Sweden, and The Netherlands] on the issues surrounding legislation brought in to deal with the consequences of the economic crisis. It also includes a comparative overview comparing and contrasting national approaches with regards to finding a balance between the pace of proceedings and the quality of administrative and judicial decisions"--Publisher's website

Climate change will cause further loss of biodiversity. As negative effects are already taking place, adaptive measures are required to protect biodiversity from the effects of climate change. The EU policy on climate change and biodiversity aims at improving a coherent ecological network in order to have more resilient ecosystems and to provide for connectivity outside core areas. The existing legal framework, the Birds and Habitats Directives, can enable adaptive approaches, by establishing and managing the Natura 2000 network and providing for connectivity measures. However, policy and law so far have mainly been aimed at conserving the status quo of habitats and species within core areas. The question is whether a legal requirement to protect certain species in certain places makes sense when species and even ecosystems are migrating due to climate change. Instead, efforts must be increased to protect ecosystem functions, goods and services from the negative effects of climate change, and to facilitate the ecological restoration of new areas. Even more effort is needed for the implementation of connectivity. If existing legislation proves too weak to face these challenges, a new 'Ecosystem Framework Directive' might provide the necessary legal impetus.

Climate change will cause further loss of biodiversity. As negative effects are already taking place, adaptive measures are required to protect biodiversity from the effects of climate change. The EU policy on climate change and biodiversity aims at improving a coherent ecological network in order to have more resilient ecosystems and to provide for connectivity outside core areas. The existing legal framework, the Birds and Habitats Directives, can enable adaptive approaches, by establishing and managing the Natura 2000 network and providing for connectivity measures. However, policy and law so far have mainly been aimed at conserving the status quo of habitats and species within core areas. The question is whether a legal requirement to protect certain species in certain places makes sense when species and even ecosystems are migrating due to climate change. Instead, efforts must be increased to protect ecosystem functions, goods and services from the negative effects of climate change, and to facilitate the ecological restoration of new areas. Even more effort is needed for the implementation of connectivity. If existing legislation proves too weak to face these challenges, a new 'Ecosystem Framework Directive' might provide the necessary legal impetus.

Extended producer responsibility (EPR) is a proposed policy approach to promoting the circular economy (CE) within the European Union. This research used a policy Delphi to explore perspectives on improving EPR policies to further contribute to the CE goals of the Netherlands. Both the potential improvement and critical reflections discussed by CE and EPR experts and practitioners from this study contribute to a more detailed understanding of the future governance of CE practices. We present various activities to improve EPR and insights from Delphi participants that emerged from the study. This paper shows that whilst actors agree, in essence, that there is a need for modifying EPR, what the specific changes to the form are and to whom the new responsibilities apply is contested.

Extended producer responsibility (EPR) is a proposed policy approach to promoting the circular economy (CE) within the European Union. This research used a policy Delphi to explore perspectives on improving EPR policies to further contribute to the CE goals of the Netherlands. Both the potential improvement and critical reflections discussed by CE and EPR experts and practitioners from this study contribute to a more detailed understanding of the future governance of CE practices. We present various activities to improve EPR and insights from Delphi participants that emerged from the study. This paper shows that whilst actors agree, in essence, that there is a need for modifying EPR, what the specific changes to the form are and to whom the new responsibilities apply is contested.

Over the last decades, environmental law has significantly contributed to limiting pollution and decoupling economic growth and negative environmental effects. However, current challenges require out-of-the-box solutions, integrated and inclusive approaches of both public and private actors and cross-border sets of instruments. This book presents inspiring ideas about how law can support the fundamental transition processes to a sustainable future and how it can provide guidance on the pathways to sustainability. This book focuses on issues such as what legal instruments optimally encourage disruptive breakthroughs and where law may actually hamper sustainable innovations and solutions. It examines conceptual issues and specific legal tools, not only from an EU law perspective, but also from national and international law perspectives. Alongside general discussions about the role that law plays in encouraging sustainability, the book also concentrates on substantive areas in which transition processes to sustainability are urgently needed: the transition to a low carbon economy in order to comply with the Paris Agreement for climate change, the transition to a holistic management of water resources to achieve water security and the transition to halting the loss of biodiversity. The different contributions make clear that until recently, law played a limited role and should be further developed and improved to better align with the more general aim to move towards a sustainable society. This book can serve as an inspiration for further discussion on the role of law as a tool for supporting the transition to a sustainable future. The volume consists of a selection of contributions to the discussion on legal transitions to sustainability presented at the 7th European Environmental Law Forum (EELF) Conference in 2019, hosted by Utrecht University, the Netherlands