Relevant bibliographies by topics / Environmental law – European Union countries – Cases

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Academic literature on the topic 'Environmental law – European Union countries – Cases'

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Published: 10 March 2023

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Journal articles on the topic "Environmental law – European Union countries – Cases"

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Dudek, Carolyn M. "Transmitting Environmentalism? The Unintended Global Consequences of European Union Environmental Policies." Global Environmental Politics 13, no. 2 (May 2013): 109–27. http://dx.doi.org/10.1162/glep_a_00169.

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Will European companies investing abroad be transmitters of EU environmental policies or environmental dumpers? This article utilizes a most-differentcases approach to analyze transnational corporation (TNC) behavior in countries with less stringent environmental standards. Drawing on rational institutionalism, the article examines two significant European business investments in Mercosur countries: paper pulp mills in Uruguay and fishing off the coast of Argentina. These cases demonstrate that EU environmental standards will be diffused beyond Europe's borders if significant fixed assets are involved, high levels of public awareness and action in response to environmental degradation are possible, and if the environmental policy of an industry is successfully implemented in Europe. Paper pulp milling in Uruguay fulfilled these conditions and TNCs, in this case applied EU standards. This was not so with TNC fishing practices in Argentina. Also, with high citizen attention, local companies will adopt similar environmental practices to those of their European counterparts, improving environmental practices even without domestic government regulations.
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Aldag, Ole. "Due Diligence and Environmental Damages Under Rome II." European Review of Private Law 28, Issue 6 (December 1, 2020): 1231–48. http://dx.doi.org/10.54648/erpl2020074.

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Within the European Union, the Rome II Regulation determines the applicable law on cross-border matters of non-contractual nature. The paper examines the applicable law on environmental-related tort claims against European multi-national companies utilizing production facilities in third countries, either based on active misconduct or on alleged omission of environment-related due diligence. As these types of claims are an expression of misconduct by multinational corporations conducting business abroad, particular notice will be given to the applicable law on compensation claims for environmental damages allegedly caused by negligent compliance for environmental standards of either independent or subsidiary production facilities. While doing so, its main point of interest will be whether claims against European-based companies may be governed by the law of the effective seat of the latter. Considering that Article 7 Rome II provides for a special connecting factor regarding environmental damages, the paper examines whether Rome II does justice for due diligence-related cases on the conflict of laws level and argues for a nuanced approach to localize the place of the event giving rise to such damages. Private International Law, Environmental Damages, Civil Compensation, Torts, Corporate Social Responsibility, Rome II, Mandatory Rules, Public policy
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Lovas, Dóra. "Relevance of the Court Decision on the Hinkley Point Nuclear Power Plant in Relation to Paks II." Studia Iuridica Lublinensia 30, no. 2 (June 30, 2021): 305. http://dx.doi.org/10.17951/sil.2021.30.2.305-317.

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<p>The aim of the article is to present the ruling of the Court of Justice of the European Union (CJEU) in the case of the Hinkley Point C nuclear power plant. This investment can also be related to the Paks II nuclear power plant investment, therefore the two investments are compared too. Both projects were examined by the European Commission, which take an important part when the national aid was awarded to Hinkley Point C and Paks II projects, and the decision of the CJEU also had influence on it. The author considers the European Commission’s aid conception positive, because the less developed countries are not forced to use only the renewables, but the environmental and security aspects of nuclear energy are also allowed (e.g. Hinkley Point C and Paks II nuclear power plants). The subsidy was allowed in both cases, but the reasons are different. In these cases, the limits of the EU energy politics can be seen, i.e. the right to select the package and the priority of the energy security and sustainable development. To mention an example for the difference, in Great Britain the energy sector was divided among the participants on the market but in Hungary the nuclear energy remained under state control. In the first option the state wanted to prove that it grants offset for the help to the general market services and in the second option the market investor principle was highlighted in order to show no other market participant act in other way. These points were not accepted, the state aid was provided both cases with permissible reasons because the projects condescend the goals of environmental policy and energy security. The decisions show that as a result of the efforts to protect the environment the dependency on energy increased and it cannot be solved only be encouraging the usage of the renewables. The permissive attitude of the European Commission can be found here and it is influenced by the increased state regulative roles. According to the author, it also appears in the environmentally friendly decisions which refers to the Paris Agreement’s fulfilment and the involvement of environmental requirements into politics. Moreover, the European Union tries to maintain its leader role in economics, which can be reached by the decrease of energy dependency and the exclusive usage of renewable energies is not the appropriate solution. The CJEU judgement is relevant in several respects. The article focuses primarily on the issue of environmental protection, state aid and the relation between the Euratom Treaty and the Treaty on the Functioning of the European Union.</p>
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Borda, Marta, Natalia Grishchenko, and Patrycja Kowalczyk-Rólczyńska. "Impact of Digital Inequality on the COVID-19 Pandemic: Evidence from European Union Countries." Sustainability 14, no. 5 (March 1, 2022): 2850. http://dx.doi.org/10.3390/su14052850.

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One of the consequences of the COVID-19 pandemic is the relationship between social distancing measures and increased use of the Internet, electronic services, and digital devices. How does digital inequality in the context of social distancing affect the COVID-19 pandemic? In this article, we assessed the impact of existing digital inequality as the cause of the changing number of cases of COVID-19 in the EU. We assessed the relationship between the increase in COVID-19 cases between the first and second waves in 2020 and the presence of digital inequality in Internet use and digital skills across sociodemographic factors: gender, age, education, generation, marital status, and place of residence. We applied the ordinary least squares method to data from the 2019 Eurobarometer survey, which reveals the digital maturity of EU citizens, and from the European Center for Disease Prevention and Control in 2020, which tracks COVID-19 cases. We found that the strongest relationship between the number of COVID-19 cases and digital inequality is related to Internet use rather than digital skills. The digital divide by age, between generations, and the geographic digital divide in Internet use show a strong positive relationship with the changing incidence of COVID-19 cases. The gender digital gap shows a negative relationship for both Internet use and digital skills, indicating the social role of women in households in the pandemic, caring for children and the elderly. A negative relation was also found in digital inequality by marital status for digital skills, which reflects preferences regarding living alone during the pandemic. These findings prove the importance of universal access to the Internet for older people and those living in rural areas. The results can contribute to policies aimed at reducing digital inequalities in the face of the ongoing COVID-19 pandemic.
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González Lorente, Álvaro, Montserrat Hernández López, Francisco Javier Martín Álvarez, and Javier Mendoza Jiménez. "Differences in Electricity Generation from Renewable Sources from Similar Environmental Conditions: The Cases of Spain and Cuba." Sustainability 12, no. 12 (June 25, 2020): 5190. http://dx.doi.org/10.3390/su12125190.

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In order to achieve the objectives set by the Sustainable Development Goals and the Paris agreement, the legislative framework that is developed at the national and regional level must be appropriate. Research has focused on the importance of environmental policies to stimulate renewable energy demand and has also highlighted the existence of legal regimes more inclined to preserve the current model of dependence on fossil fuels. The main aim of this paper is to observe the impact of different regulation framework in the use of renewable energies in electricity generation. The choice of Spain and Cuba was based on several reasons: first, they present different models of legal regulations for renewable energies, with more centralized power in the case of Cuba and more influence of supranational institutions in the case of Spain; second, they have similarities regarding their productive model (highly dependent on hydrocarbons as sources of electricity generation) and the high potential for electricity generation with renewable energies thanks to their rich natural endowment that could favor energy generation from sources like the sun, wind and water; finally, both countries face a global situation where they could take advantage of this cost-cutting moment, and therefore, of electricity tariffs, to propose a sustainable model of electricity generation based exclusively on renewable energies. The conclusions show that Spain can become a role model to improve the Cuban system, given that the European and Spanish “green” positions can be very useful in developing Cuba’s future energy model based on renewables. The existing ties between the Caribbean country, Spain and the European Union (EU) should be the basis to support a model for which Cuba has an outstanding endowment of natural resources and where the similarities with Spain can generate synergies based on the European experience.
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Tambovceva, Tatjana, Jelena Titko, Anna Svirina, Dzintra Atstaja, and Maria Tereshina. "Evaluation of the Consumer Perception of Sharing Economy: Cases of Latvia, Russia, Ukraine and Belarus." Sustainability 13, no. 24 (December 16, 2021): 13911. http://dx.doi.org/10.3390/su132413911.

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The overwhelming goal of large-scale cross-country research is to evaluate consumers’ perception of a sharing economy. The research was limited by the number of respondents, as well as by the countries represented in the survey. Latvia, Russia, Ukraine, and Belarus were mostly represented, and only these responses (757) were analyzed. The study used multilevel modelling of sharing economy elements (dependent variable) in relation to personal characteristics (age, gender, income, industry) nested by the self-assessed level of eco-friendliness (a key predictor for the attitude towards sharing economy). Findings: The key personal characteristics, which influence a person’s intention to be involved in the sharing economy practices, are level of income, education, and also self-perceived ecological friendliness. The sharing economy is not only a topic for investigation among academicians, but also an issue on the agenda of the European Commission, because it is considered as a driver for growth and job creation in the European Union. Despite an increasing interest and many studies, there is a limited number of studies focused on difference in perception of sharing economy depending on personal characteristics of respondents. This indicates the necessity of conducting such surveys, involving participants from different European countries. The given paper could be used as a methodological framework for other European researchers who are interested in the exploration of the topic regarding perception of the sharing economy.
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Degórska, Bożena. "Wpływ prawa i polityki Unii Europejskiej na planowanie przestrzenne i zarządzanie terytorialne państw członkowskich w zakresie wybranych kwestii środowiskowych = Impact of European Union law and policy on spatial planning and territorial governance of the Member States as regards selected environmental issues." Przegląd Geograficzny 93, no. 4 (2021): 555–85. http://dx.doi.org/10.7163/przg.2021.4.4.

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The main objectives of the research carried out were identification of the strength of – and trends characterising – the impact of EU law and policy on spatial planning and territorial governance in Member States, in relation to selected environmental issues; as well as an attempt to determine geographical regularities. The first issue analysed issue concerned the impact of EU environmental law on Member States’ spatial planning, while the second sought to demonstrate the importance of major EU policies in relation to their environmental objectives. A third aspect saw impact (“clout” ) assessed and trends identified where two environmental priorities under EU policies were concerned, i.e. (I) the strengthening of ecological structures and cultural resources as added value for development, (II) sustainable growth – promoting a more resource efficient, greener and more competitive economy. Most attention was paid to the top-down impact of the EU on spatial planning and territorial governance, though studies als sought examples of bottom-up and horizontal influence as signalled by national experts. This article is based on the results of the ESPON COMPASS project entitled: Comparative Analysis of Territorial Governance and Spatial Planning Systems in Europe. Analysis of the very extensive questionnaire material available, as well as the results of the case studies, resulted in an acknowledgment that the top-down influence determines the impacts of EU environmental law and policy on Member States’ spatial planning. In sum, that impact of the EU environmental law was identifiable as quite strong at all levels of planning. Indeed, trends for an increasing influence applied to the vast majority of countries. There were three regularities identified in this respect: (I) it is a strong impact and increasing clout that prevail to a significant degree among EU-15 countries, (II) a constant impact is characteristic for the vast majority of the Nordic countries, and in both cases is mainly an aspect of countries caring for the quality of the environment, (III) the greatest variation in terms of the strengths and irections of impact can be identified within the group of post-communist countries, even as there is a prevalence of upward trends noted in these countries. Among the EU environmental regulations exerting the greatest impact on the spatial planning and territorial governance of the Member States, the ones highlighted most frequently were the Directives on environmental assessments (EIA and SEA), as well as the so-called Habitats and Birds Directives. In seeking to summarise the strength of impact of the selected EU environmental policy priorities on Member States’ spatial planning and territorial governance – as well as the trends for that impact – the largest group of countries pointed to an upward trend and a moderate impact. However, results obtained offered no basis for the identification of clear regularities However, the Europeanisation of environmental law and policy was shown also to have a significant impact on the Europeanisation of environmental spatial planning. It also proved possible to demonst ate how spatial planning, although constituting a reserved domain of each country, is actually the most Europeanised of all environmental issues. With regard to the top-down impact of environmental law, i.e. that exerted from the EU level down to the spatial planning and territorial governance of the Member States, the adoption of the acquis communautaire is to be indicated as the main reason for the significant impact. Equally, when it came to the impact of environmental policy, it was usual for a strong link with Cohesion Policy to be identified. The article also offers recommendations regarding the development of a more-effective connection between Cohesion Policy and spatial planning and territorial governance, in the sphere of the protection and strengthening of countries’ natural and cultural heritage.
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Lugo-Laguna, Daniel, Angel Arcos-Vargas, and Fernando Nuñez-Hernandez. "A European Assessment of the Solar Energy Cost: Key Factors and Optimal Technology." Sustainability 13, no. 6 (March 15, 2021): 3238. http://dx.doi.org/10.3390/su13063238.

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Solar energy has become one of the most important sources of energy all around the world. Only in the European Union, between 2010 and 2019, solar photovoltaic (PV) electricity generation capacity increased from 1.9 to over 133 GW. Throughout this work, an economic analysis of the production of photovoltaic solar energy utility scale facilities is performed, previously defining some theoretical concepts relating to electricity generation by means of photovoltaic modules, as well as commenting on studies that have inspired the project. In order to carry out this economic analysis, the locations of twenty capital cities within European Union countries are selected, in order to estimate their yearly solar PV energy produced under specific conditions. The Levelized Costs of Energy (LCOE) is calculated with the goal of comparing the profitability of each photovoltaic tracking technology: fixed, one-axis tracking systems (vertical or inclined) and two-axis tracking systems; including LCOE maps country-wise for each technology. A sensitivity analysis is also presented, in order to evaluate the significance and impact of the main variables involved in the analysis. The results show that one-axis tracking systems are the best option in all countries, reducing LCOE by more than 20% when compared to two-axis tracking system. The impact of wages is also significant. In higher latitudes, in most cases, wages also increase, hence the LCOE is higher and consequently less interesting for a potential investor.
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Imran, Muhammad, Xiangyang Liu, Rongyu Wang, Shah Saud, Yun Zhao, and Muhammad Jalal Khan. "The Influence of Digital Economy and Society Index on Sustainable Development Indicators: The Case of European Union." Sustainability 14, no. 18 (September 6, 2022): 11130. http://dx.doi.org/10.3390/su141811130.

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The digital economy plays a vital role in promoting sustainable development. Out of different measurement indices, this research uses the DESI dimension, i.e., connectivity, human capital, the use of internet services, the integration of digital technology, and digital public services, to investigate the impact on the promotion of SGDI in the European Union countries. Previous research studies investigated the indirect impact of the DESI dimension on SGDI in different countries and regions. In this research, we investigate the direct impact of DESI dimensions on SGDI by using panel regression modeling. The results show that DESI sub-dimensions influence SGDI differently. Connectivity, human capital, and the use of internet services have more influence on SGDI compared to the integration of digital technology and digital public services. However, the impact is negative in most cases, but this is in line with the previous studies in other regional studies. Thus, the current research paper reveals that standard views on the influence of the digital economy are not always true. Policymakers need to make the necessary amendments while implementing each DESI dimension on any level for better promotion of SGDI.
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Zhukovska, A., O. Dluhopolskyi, and O. Koshulko. "Sovereignty policy under the COVID-19 pandemic conditions: unification VS differentiation." Bulletin of Taras Shevchenko National University of Kyiv. Economics, no. 215 (2021): 31–40. http://dx.doi.org/10.17721/1728-2667.2021/215-2/4.

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Globalization, which became widespread in the late twentieth – early twenty-first century, has led to large-scale changes associated with deepening the interdependence of national economies and their interpenetration, the formation of international industrial complexes beyond national borders, weakening the ability of nations to form independent economic policies. intensification of the movement of goods, capital, labor resources, the creation of institutions of interstate regulation of global problems, the attraction of the world economy to common standards, values, principles of operation based on the ideas of universalism. Universalism recognizes freedom and justice as more important values. Instead, sovereignty, which spread as a fundamental current at the beginning of the XXI century, is opposed to international law and emphasizes that the national interests of states are more important than the ideals of civilization (the interests of mankind). The article aims are to deepen the theoretical understanding of the processes of strengthening sovereignty in response to the global pandemic COVID-19 because the state’s membership in any supranational association directly affects its sovereignty in its classical sense. The basis of the research methodology is a scientific description and logical-deductive approach, illustrated by empirical cases from around the world. Data from statistical organizations, including the United Nations, the World Health Organization, the Organization for Economic Co-operation and Development, the Council of the European Union, and national health institutions from different countries of the world, were used to analyze the progress of the COVID-19 pandemic and the response of national economies to its effects, as well as analytical reports of the World Economic Forum and the countries of the world, including the countries of the European Union and Ukraine. The study found that there is a continuing confrontation in the world between the spread of sovereignty and the ideas of globalism in the current pandemic and only time will tell which of these theories will eventually gain dominance as a policy. However, according to the results of the study, the spread of the COVID-19 pandemic is largely due to the development of globalization, the openness of world economies, as well as the growing competitiveness of national economies.
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Dissertations / Theses on the topic "Environmental law – European Union countries – Cases"

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Liang, Zheng Yun. "The enviromental principles of the European Union." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120095.

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Li, Qian. "European Union normative approaches to enviromental governance." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120096.

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BAHMER, Larissa Elisabeth. "Chutes, ladders, snakes and surprises : policy durability and policy flexibility in EU energy and climate governance based on the governance regulation." Doctoral thesis, European University Institute, 2020. https://hdl.handle.net/1814/69195.

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Award date: 26 September 2020
Supervisor : Professor Joanne Scott (European University Institute)
Whether the EU will live up to its leadership ambition in mitigating climate change to no little extent depends on whether the Governance Regulation will prove successful or whether it will add to the list of climate and energy policies which aimed high but performed low. This thesis analyses the legal arrangements of the Governance Regulation as embedded in the EU constitutional and administrative law framework in light of policy durability and policy flexibility, with the aim of assessing whether the Governance Regulation promises to build a long-lasting yet adaptable foundation for EU energy and climate governance that facilitates ratcheting up ambition and progress toward a ‘climate neutral’ Union.
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Zhou, Jia Lei. "EU water law : the right balance between environmental and economic considerations?" Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1637070.

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Brown, Antje C. K. "Subnational regions matter : implementing EU environmental policies in Scotland and Bavaria." Thesis, University of Stirling, 1999. http://hdl.handle.net/1893/3249.

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With over 280 environmental laws designed to regulate economic activities and tackle pollution problems, EU actors have established an impressive environmental policy. While policy-making has been impressive, implementation has often been disappointing with the result that EU environmental policy now suffers from an 'implementation deficit' whereby policy intentions on paper are not carried out properly 'on the ground'. Until recently, many EU actors and analysts have focused on the initial stages of the policy process, in particular the dynamics of bargaining between Member States. Yet, the overall effectiveness of EU environmental policies depends upon actors 'on the ground' and how they apply the policies in practice. This research moves away from the conventional state-centrist approach and focuses instead on the subnational regions and their role in the overall success of EU environmental policies. The research investigates Scotland and Bavaria and assesses to what extent the two regions shape EU environmental policy implementation. To help with the investigation, the research establishes a 'multi-layered implementation map' which best captures the policy 'filtering' process. The map helps identify formal and informal determinants within the layers which either facilitate or obstruct policy implementation. The research not only compares implementation performances between the Member States and between the regions, it also compares the regions vertically with their 'mother' states and thereby highlights implementation obstacles which would remain undetected with the state-centrist approach. A case study illustrates in detail the formal and practical implementation of the EIA Directive in Scotland and Bavaria. The study confirms that subnational regions feature determinants which differ in many respects from national determinants and influence the effectiveness of EU environmental policies. By highlighting subnational regions and their role in the process, the research contributes to a better understanding of the implementation deficit and presents a more refined picture of the EU environmental policy 'reality'.
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Li, Wen Jing. "Water governance in a changing climate : adaptation strategy of EU water law." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2586411.

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Wei, De Cai. "Trade related environmental measures of European Union : a new kind of trade barriers?" Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1637069.

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PAGANO, Mario. "Overcoming Plaumann : Environmental NGOs and access to justice before the CJEU." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/75102.

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Defence date: 05 December 2022
Examining Board : Professor Joanne Scott, (European University Institute, supervisor); Professor Claire Kilpatrick, (European University Institute); Professor Áine Ryall, (University College Cork); Professor Scott Cummings, (University of California, Los Angeles)
Since the early ‘90s, environmental NGOs have been fighting to be granted standing in actions for annulment. Direct access to the EU judiciary is hindered by the narrow interpretation given by the Court of the ‘individual concern’ requirement laid down under Article 263(4) TFEU. This narrow interpretation is known as ‘the Plaumann test’. By drawing from the literature on legal mobilisation and combining doctrinal and qualitative methods of analysis, the present dissertation explores how the European environmental movement has mobilised to overcome Plaumann in the last thirty years. In this regard, this thesis provides an empirical and theoretical contribution to the study of strategic litigation in the environmental domain. This by shedding light on the NGOs’ understanding of the legal opportunity structure in the EU, as well as on NGOs’ resources and legal strategies deployed to overcome Plaumann. This dissertation shows the relevance of networks membership in EU environmental litigation and argues that the lack of internal legal expertise does not necessarily prevent environmental organisations from resorting to legal mobilisation. Furthermore, this dissertation holds that, despite Plaumann, NGOs’ achievements are remarkable. In particular, the new Aarhus Regulation is expected to bring more legal mobilisation in Europe and deliver more disputes on the ‘science’ underlying EU environmental measures. Conversely, in the climate domain, NGOs are building what I conceptualised in terms of ‘transnational incremental judicial comfort’. The spreading of ‘judicial comfort’ in the climate context casts shadows on the CJEU, which looks increasingly ‘obsolete’ in the eyes of climate litigants. Finally, this dissertation argues that there is a demand within the European environmental movement for a different kind of EU environmental justice, which does not settle for administrative review of EU acts, but that rather strives for a more substantive judicial review of EU policy measures (including legislative acts).
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Bao, Yong Liang. "Meeting the challenge of EU enlargement : approximation of Environmental legislation." Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b2185450.

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Polard, Audrey. "Un contrôle efficient des émissions d'azote et de phosphore dans le bassin de l'Escaut: analyse critique de la Directive Cadre sur l'Eau (DCE) et de la Politique Agricole Commune (PAC)." Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209638.

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Même si la réduction des apports de nutriments dans les écosystèmes aquatiques est généralement envisagée avec des approches « effects-based », ce n’est pas le cadre qui a été suivi dans cette thèse. En effet, dans une démarche de développement durable, il semble plus pertinent, de définir des mesures de contrôle de la pollution agissant sur les relations de cause à effet. Selon cette logique, la méthodologie proposée par la Directive Cadre sur l’Eau (DCE) pour protéger les écosystèmes aquatiques présente plusieurs faiblesses. Par le fait qu’elle réfère à certains principes de l’économie standard de l’environnement, l’analyse économique de la DCE pose plusieurs problèmes pour agir sur la causalité de la pollution. Néanmoins, la méthodologie proposée par la DCE est pertinente par le fait qu’elle recommande l’utilisation combinée de mesures techniques et d’instruments pour diminuer les dommages environnementaux. Conformément à cette disposition, l’effet de mesures techniques et d’instruments sur le secteur agricole et sur la chaine alimentaire l’englobant a été évalué puisque cette dernière est responsable de la majorité des émissions diffuses et ponctuelles d’azote et de phosphore dans les eaux de surface. La définition de mesures techniques en fonction de l’efficience de l’utilisation des nutriments (Nutrient Use Efficiency, NUE) dans la production agricole a été complétée par l’étude des instruments économiques utilisés dans la Politique Agricole Commune (PAC) pour développer une agriculture multifonctionnelle. Si la thèse concerne de manière générale l’eutrophisation des écosystèmes aquatiques, elle se penche plus particulièrement sur les pressions au sein du bassin de l’Escaut et sur leurs impacts jusqu’à la zone côtière de la mer du Nord. Des mesures techniques agissant sur les causes des émissions diffuses du secteur agricole et sur les émissions ponctuelles des stations d’épuration ont été proposées pour ce bassin. Ces mesures techniques ont été caractérisées prioritairement par leur efficacité environnementale (grâce aux modèles Sénèque-Riverstrahler et MIRO) et en fonction de leurs coûts directs.

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Although reducing the load of nutrients in aquatic ecosystems is usually looked at through "effects-based" approaches, this is not the context which this paper has chosen to follow. In fact, keeping in line with sustainable development, it seems more relevant to define measures to control pollution which act on cause and effect relations. According to this way of thinking, the methodology proposed by the Water Framework Directive (WFD) to protect aquatic ecosystems presents a number of weaknesses. By the fact that it refers to certain standard economic principles for the environment, the WFD’s economic analysis poses several problems towards acting on the cause of the pollution. Nevertheless, the methodology proposed by the WFD is relevant, as it recommends the combined use of technical measures and of instruments to reduce environmental damage. In accordance with this disposition, an assessment has been made of the effect of technical measures and instruments on the agricultural sector and on the food chain encompassing it, since the food chain is responsible for the majority of diffuse and point emissions of nitrogen and phosphorus in surface waters. The definition of technical measures in terms of efficient use of nutrients (Nutrient Use Efficiency, NUE) in agricultural production has been complemented by a study of economic instruments used in the Common Agricultural Politicy (CAP) to develop a multifunctional type of agriculture. Although the paper deals with the eutrophication of aquatic ecosystems in a general way, it concentrates particularly on the increasing pressures in the Scheldt basin and on their impacts as far as the North Sea coastal zone. Technical measures acting on the causes of diffuse emissions in the agricultural sector and on point emissions in the water treatment plants have been proposed for this basin. These technical measures have been categorised in order of priority according to their environmental effectiveness (thanks to the Sénèque-Riverstrahler et MIRO models) and depending on their direct costs.
Doctorat en Sciences agronomiques et ingénierie biologique
info:eu-repo/semantics/nonPublished

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Books on the topic "Environmental law – European Union countries – Cases"

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Gareth, Davies, and Monti Giorgio, eds. European Union law: Cases and materials. 2nd ed. Cambridge, UK: Cambridge University Press, 2010.

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Levasseur, Alain A. The law of the European Union. Durham, North Carolina: Carolina Academic Press, 2013.

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G, Foster Nigel, ed. Text, cases, and materials on European Union law. 4th ed. London: Cavendish Pub., 2003.

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Berry, Elspeth. Complete EU law: Text, cases, and materials. Oxford, United Kingdom: Oxford University Press, 2015.

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Bernard, Rudden, and Phelan Diarmuid Rossa, eds. Basic community cases. 2nd ed. Oxford: Oxford University Press, 1997.

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Weatherill, Stephen. Cases and materials on EU law. Oxford, U.K: Oxford University Press, 2012.

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(Gráinne), De Búrca G., ed. EU law: Text, cases, and materials. 5th ed. Oxford: Oxford University Press, 2011.

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Sueur, A. P. Le. Public law: Text, cases, and materials. Oxford: Oxford University Press, 2010.

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G, De Búrca, ed. EU law: Text, cases, and materials. 2nd ed. Oxford: Oxford University Press, 1998.

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Craig, P. P. EU law: Text, cases, and materials. 3rd ed. Oxford: Oxford University Press, 2003.

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Book chapters on the topic "Environmental law – European Union countries – Cases"

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Ermolina, Marina A., and Anna V. Kryukova. "International problem of climate change in the context of the human right to a favorable environment." In DIGEST OF WORLD POLITICS. ANNUAL REVIEW. VOLUME 10, 549–59. St. Petersburg State University, 2020. http://dx.doi.org/10.21638/11701/26868318.35.

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The subject of this study is the Urgenda Foundation v. The State of the Netherlands case related to climate law. This is the first known example of the use of European Union human rights law in a lawsuit on climate change and the observance of the human right to a healthy environment against the state. Using the comparative legal method, the authors consider similar cases in different countries, which makes it possible to determine the specifics of the relationship between the parties in the Fund’s case.
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Fisher, Elizabeth, Bettina Lange, and Eloise Scotford. "4. European Union Environmental Law." In Environmental Law: Text, Cases & Materials, 115–68. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199270880.003.0004.

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Ziller, Jacques. "European Union Member States and Other European Countries." In Judicial Review of Administration in Europe, 307–15. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0019.

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This chapter focuses on the relevance of a distinction between European Union (EU) Member States on the one hand and non-EU member states on the other when trying to identify the common core of the law regarding judicial review of administrations in Europe. It begins by looking at how EU membership impacts on the issues of substance and process in the Member States' laws of judicial review of administration. The chapter then considers how the differences and similarities between EU Member States can be interpreted. It also studies the cases of Switzerland and Ukraine in greater detail. There is very little commonality between Ukraine and Switzerland, apart from the fact that both countries are Members of the Council of Europe (CoE) and thus parties to the European Convention on Human Rights (ECHR), and that they are not members of the EU, which might be an especially good reason to compare them.
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Eloise, Scotford. "Part IX International Environmental Law in National/Regional Courts, Ch.63 European Union/United Kingdom." In The Oxford Handbook of International Environmental Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198849155.003.0063.

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This chapter evaluates international environmental law (IEL) in the courts of the European Union (EU) and the United Kingdom. This topic potentially covers many different kinds of courts, considering that the EU comprises many member states, each with its own court system, and the United Kingdom itself is a system of devolved government with different court systems. To draw out some key themes, the chapter focuses on decisions of the EU courts and the UK courts in England and Wales, as well as particularly notable decisions of other EU member state courts (available in English). The different experiences of IEL in these three sets of courts demonstrate that the doctrines of different legal systems and their legal cultures are critical to the experiences of their courts in implementing IEL. The chapter examines the reception and application of IEL in these different courts in two steps. It first looks at cases in which IEL has been directly applied by courts, considering the complex EU law in this area, and the EU's special role in implementing IEL in member states. The chapter then addresses cases where IEL applies indirectly in judicial reasoning.
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Kachuriner, V. L. "ESTABLISHMENT OF ENVIRONMENTAL STANDARDS OF PRODUCTION IN THE LAW OF THE EUROPEAN UNION." In THE LATEST DEVELOPMENT OF THE MODERN LEGAL SCIENCES AND EDUCATION IN UKRAINE AND EU COUNTRIES: AN EXPERIENCE, CHALLENGES, EXPECTATIONS, 263–78. Izdevnieciba “Baltija Publishing”, 2021. http://dx.doi.org/10.30525/978-9934-26-033-9-15.

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Ghazaryan, Narine. "The Court of Justice of the European Union and the Armenian Legal Order." In The Impact of the European Court of Justice on Neighbouring Countries, 199–219. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0009.

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The chapter analyses the limited impact of Court of Justice of the European Union (CJEU) case law on the legal order of the Republic of Armenia. Despite Armenia’s geographic proximity to the EU, CJEU precedents feature in only two cases of the Constitutional Court of Armenia. In both cases, CJEU case law is seen merely as part of comparative international legal practice, informing the judgment of the national court, rather than affecting the ratio per se. The chapter analyses the main reasons behind the apparent lack of CJEU impact on Armenian judicial practice and the legal order more generally. These include, for example, low intensity in bilateral relations between the EU and Armenia and cognitive barriers. The chapter also addresses the main features of the Comprehensive and Enhanced Partnership Agreement and covers future possibilities for judicial interaction between the two legal orders.
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Zeitzmann, Sebastian. "Regional Integration in the European Union With a View to Third Countries." In Regional Economic Integration and Global Competition in the Post-COVID-19 Era, 78–99. IGI Global, 2022. http://dx.doi.org/10.4018/978-1-7998-9254-0.ch003.

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Regional integration between European Union Member States is a process that will usually result in differentiated integration (i.e., some EU states moving further in integration efforts than others). EU law provides a mechanism for such deeper integration called “enhanced cooperation.” Even though this mechanism has been applied in some cases now, this chapter will show that even where certain EU competences apply, enhanced cooperation is by no means a replacement for so-called inter se or satellite agreements or treaties between EU States but outside of union law and EU integrative structures. Rather, if inclusion of a third country is desired or necessary, enhanced cooperation cannot apply, and there is no other option than to conclude an inter se agreement cum tertiis.
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Xue, Hong. "Hong Kong (‘.hk’)." In Domain Name Law And Practice. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780199663163.003.0020.

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The current trademark law is the Trademarks Ordinance (TMO, Chapter 559) and the Trademarks Rules (Chapter 559A). The TMO is modeled on the trademark laws of the countries of the European Union, in particular, the United Kingdom Trademarks Act 1994. The relevant United Kingdom cases as well as those of other common law countries (such as Australia, New Zealand), although not binding, provide guidance on the interpretation of Hong Kong trademark law. The TMO grants exclusive rights to the owners of registered trademarks.
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Ziegler, Clemens. "European Union Policy on Capacity Mechanisms." In Capacity Mechanisms in the EU Energy Markets, 3—C1.F2. 2nd ed. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192849809.003.0001.

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Abstract The chapter sets out with a historical perspective on the EU’s policy on capacity mechanisms, discussing the early cases linked to the 2003 Electricity Directive, the Commission’s 2012/13 public consultation on resource adequacy to its 2015/16 state aid sector inquiry, and the 2019 electricity market reform. The analysis shows that, at least in theory, there is a growing tendency to limit the use of capacity payments, owing to their potentially distortive effects. That said, the discussion of the case law shows how difficult it is for third parties to challenge the Commission’s state aid assessments of capacity mechanisms, especially when these mechanisms are likely to be used for subsidizing fossil fuels. In this connection, the chapter also considers the most recent discussion regarding state aid policy and sustainability, including the Commission’s draft state aid guidelines for climate, energy, and environmental protection.
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Karliuk, Maksim. "The Influence of CJEU Judgments on the Legal Order of the Eurasian Economic Union." In The Impact of the European Court of Justice on Neighbouring Countries, 54–78. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0004.

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The Eurasian Economic Union (EAEU)—an international organization for regional economic integration in post-Soviet space—has a judicial body aimed at ensuring uniform application of law. The predecessor of the EAEU—the Eurasian Economic Community (EURASEC)—also had its own judicial body. This chapter presents findings on the impact of the Court of Justice of the European Union (CJEU) on the legal system of the EAEU through the lens of citations of CJEU cases by the EAEU and EURASEC courts. Both courts refer to CJEU case law extensively, sometimes even adopting similar approaches, albeit others choosing to pursue different paths. The chapter shows the relevant statistics, explores the relative impact of citations, presents several prominent examples of judgments, and provides possible explanations of the approaches taken.
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Conference papers on the topic "Environmental law – European Union countries – Cases"

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Mihai, Ioan cosmin. "STRATEGIC DEVELOPMENTS IN THE FIELD OF CYBERCRIME FOR THE INVESTIGATION OF COMPROMISED ELEARNING SYSTEMS." In eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-227.

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The phenomenon of cybercrime is becoming more hostile and confrontational as both individuals and organized criminal groups take advantage of new criminal opportunities from the cyber environment. Many cyber-attacks are used to compromise eLearning systems, to change the student’s grades and results, to steal the information available only for trainers and professors, or to infect all the users that are using the platforms. The role of legislation in preventing and combating the cybercrime phenomenon against eLearning systems is very important. Legal measures are needed in all the fields, including investigative measures, procedural powers, jurisdiction, and international cooperation. In a globalized and connected world, the law consists of a collection of national and international legal systems. Sometimes provisions can contradict each other, resulting to collisions of law, because of the interactions between these legal systems. The main goal of the international law is to obtain harmonization of national laws. In the last decade many significant developments were made for the promulgation of multilateral instruments in the field of cybercrime. This paper analyses the collections of regional and international instruments developed in the context of the Council of Europe or the European Union, tools that can help the investigations of compromised online systems. Legal frameworks for the investigation of cybercrime acts in the field of eLearning require a clear scope of application of the power, in order to guarantee the legal actions. Most of the countries have introduced new investigative powers specially created for obtaining electronic evidence which can be used in cases of compromised eLearning systems.
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Urbane, Marta. "The Future of the Employee’s Right to Disconnect in the European Union and Latvia." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002285.

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The right to disconnect refers to a worker's right to be able to disconnect from work and refrain from engaging in work-related electronic communication, like emails and other messages, during non-work hours and holidays. The Latvian Labor Law does not directly determine the right to disconnect from digital devices, however, such rights arise from certain legal norms. Examples of the provisions of the Labor Law relate to the general rules on rest periods and breaks in work. The recent research results of remote work during Covid-19 pandemic conducted by the author show that for 69.3% of respondents working remotely possibility to disconnect from digital devices outside working hours (when the assigned work tasks have been completed) is extremely crucial. If the rights to disconnect are not explicitly regulated, the risk of disbalance between work and private life is at stake. The increase in workload during the emergency caused by COVID-19 was indicated by 42.7% of respondents in Latvia. That shows that another problem of lack of regulation of rights to disconnect could be unpaid overtime. The research shows that 14.7% of respondents were not paid for overtime work when working from home. The practice shows a critical need for sustainable and predictable changes in the legal system to protect employees’ rights and thus ensure stable employment in general in Latvia. It was also recently decided by Employment Committee MEPs that EU countries must ensure that workers are able to exercise the right to disconnect effectively. Some of the member states in the European Union have recently implemented the right into their legal system (Portugal, Spain, France), but each member state takes a different approach. That means that discussion is no longer if there is a need to implement the “right to disconnect” in national legal acts, but how to implement the right efficiently not only at a national level but at the EU level as well.The goal of the research is to provide an in-depth analysis of the legal status of the “right to disconnect” in the legal system of the European Union and Latvia. In order to reach the goal, the author is using various scientific research methods. The paper is based on a quantitative research method and analytical, comparative, case law analysis method to provide valid conclusions on the current role of the “right to disconnect” in Latvia and the European Union. The author also offers recommendations on how to implement the “right to disconnect” efficiently to avoid violation of employees’ rights and ensure a sustainable work environment.In the result, the author has concluded that the biggest impediment of the employee's right to disconnect is the lack of clear legislative preconditions that would encourage businesses to preserve employees' freedom to disconnect, resulting in a more sustainable working environment - both in the office and remotely.Finally, the author concludes that there is a need to adjust regulation in Latvia to meet the needs of widespread use of remote work. The author also concludes that a significant role to protect employees’ right to disconnect is for governmental authorities to explain the right to disconnect to employees and employers.
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Podlaha, Josef, and Karel Svoboda. "Support of the Nuclear Research Institute Rˇezˇ plc of the Shipment of Spent Nuclear Fuel From Research Reactors to the Russian Federation for Reprocessing in the Frame of the RRRFR Program." In ASME 2010 13th International Conference on Environmental Remediation and Radioactive Waste Management. ASMEDC, 2010. http://dx.doi.org/10.1115/icem2010-40155.

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In 2007, spent nuclear fuel (SNF) from the Nuclear Research Institute Rˇezˇ plc (NRI) was shipped to the Russian Federation for reprocessing. A large amount of SNF of Russian origin has been accumulated after 50 years of research reactor operation. The shipment was realized in the frame of the Russian Research Reactor Fuel Return (RRRFR) program under the US-Russian Global Threat Reduction Initiative (GTRI). SNF shipment from NRI to the Russian Federation represented a very complex and complicated technical, legal and contractual scope of work. The SNF shipment has been realized under specific conditions: 1. High capacity SˇKODA VPVR/M casks were used for transportation for the first time. 2. For the first time, high enriched uranium SNF from a research reactor has been sent to the Russian Federation from a European Union country under the appropriate intergovernmental agreements, legal regulations and conditions. NRI also participates in shipments of SNF from other countries within the framework of the RRRFR program. NRI participated in shipments of SNF from Bulgaria and Hungary in 2008, from Poland in 2009 and 2010, from Ukraine in 2010. Shipments from Belarus and Serbia are planned in 2010. The second shipment of the residue of high enriched SNF from NRI after changeover of the reactor operation to low enriched fuel will be implemented in 2013. The experiences gained during the SNF transportation are described in the paper together with the present and future NRI activities in support of the SNF shipment from other countries.
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Bublienė, Raimonda. "Internationalization and Multiple Discrimination: the Case of Employment Regulation." In Contemporary Issues in Business, Management and Education. Vilnius Gediminas Technical University, 2017. http://dx.doi.org/10.3846/cbme.2017.061.

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The article analyses European Union anti-discrimination law development in Member States and differences between protected grounds of discrimination. On this basis, the analysis covers recognition of the social complexity, internationalization and discrimination of foreigners for different grounds. The process of internationalization and migration, covering social, political, economical, cultural, legal processes, the non-discriminatory protection of a foreigner as a member of the society has become complicated, when attempting not to discriminate people arriving from the other countries and to have equal possibilities. The problems of discrimination are valid and significant for the civil society itself. The article also discusses the concept of multiple discrimination in European Union anti-discrimination law, legal regulation and protection against multiple discrimination in Europe and separate legal regulation of the Member States. This article argues that internationalization processes bring new approaches of interpretation of European Union employment equality law and contemporary challenges, introduces recent cases of equal treatment of employees during employment at private companies.
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Pejović, Aleksandar-Andrija. "“WOULD MONEY MAKE A DIFFERENCE?”: HOW EFFECTIVE CAN THE RULE-OF-LAW-BASED PROTECTION OF FINANCIAL INTERESTS IN THE EU STRUCTURAL AND ENLARGEMENT POLICY BE?" In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18362.

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In recent years, the rule of law and, especially, its “proper” implementation has become one of the most debated topics in Europe in recent years. The “Big Bang Enlargement” marked the beginning of dilemmas whether the new EU Member States fulfil the necessary rule of law criteria and opened the way for divergent views on how to implement TEU Article 2 values in practice. Furthermore, constant problems and difficulty of the candidate countries to fulfil the necessary rule of law criteria added to the complexity of the problem. In turn, the European institutions have tried to introduce a series of mechanisms and procedures to improve the oversight and make the states follow the rules - starting from the famous Treaty on the European Union (TEU) Article 7, the Rule of Law Mechanism, annual reports on the rule of law and the most recent Conditionality Regulation. The Conditionality Regulation was finally adopted in December 2020 after much discussion and opposition from certain EU Member States. It calls for the suspension of payments, commitments and disbursement of instalments, and a reduction of funding in the cases of general deficiencies with the rule of law. On the other hand, similar provisions were laid out in the February 2020 enlargement negotiation methodology specifying that in the cases of no progress, imbalance of the overall negotiations or regression, the scope and intensity of pre-accession assistance can be adjusted downward thus descaling financial assistance to candidate countries. The similarities between the two mechanisms, one for the Member States, the other for candidate countries shows an increased sharing of experiences and approaches to dealing with possible deficiencies or breaches of the rule of law through economic sanctioning, in order to resolve challenges to the unity of the European union. The Covid-19 pandemic and the crisis it has provoked on many fronts has turned the attention of the Member States (i.e. the Council) away from the long running problematic issues. Consequently, the procedures against Poland and Hungary based on the Rule of Law Mechanism have slowed down or become fully stalled, while certain measures taken up by some European states have created concerns about the limitations of human rights and liberties. This paper, therefore, analyses the efforts the EU is making in protecting the rule of law in its Member States and the candidate countries. It also analyses the new focus of the EU in the financial area where it has started to develop novel mechanisms that would affect one of the most influential EU tools – the funding of member and candidate countries through its structural and enlargement policy. Finally, it attempts to determine and provide conclusions on the efficiency of new instruments with better regulated criteria and timing of activities will be and how much they would affect the EU and its current and future member states.
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Petre, Adrian. "Innovative Entrepreneurship and Sustainable Development of Smart Cities." In International Conference Innovative Business Management & Global Entrepreneurship. LUMEN Publishing, 2020. http://dx.doi.org/10.18662/lumproc/ibmage2020/42.

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The main objective of this scientific article is to analyze the link between innovative entrepreneurship and the development of smart cities in Romania. In order to fulfill this objective, I studied a part of the specialized literature in the field and I determined, based on statistical data, the current stage of development of innovative and R&D activities carried out by enterprises in our country, as well as the hierarchy of smartest local cities. The main results obtained from the study of the scientific literature showed that between innovative entrepreneurship and the sustainable development of smart cities there is a link of mutual influence. This statement is partially confirmed in the case of Romania, because the results showed that the best performing regions of the country in terms of enterprises carrying out innovation and research and development are the Bucharest-Ilfov and North-West regions, while those more developed smart cities are found in the Central (Alba Iulia) and North-West (Cluj Napoca) regions. On the other hand, the research results highlighted the fact that although in our country there is a tendency to increase the share of innovative enterprises, Romania is one of the last among the Member States of the European Union in terms of companies carrying out innovation / research and development activities. The reality is all the more worrying as our country's potential to improve these indicators is quite low compared to other states. Thus, it becomes imperative that decision-makers in Romania greatly stimulate innovative entrepreneurship, so as to support the development of smart cities, increase competitiveness and reduce the gaps with other European Union Member States. The paper contributes to a clearer understanding of this two-way relationship on the concrete case of Romania and is addressed to the academic, social environment and decision makers.
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Naydenov, Kliment. "BULGARIAN CASE STUDIES IN IMPROVING URBAN AIR QUALITY." In 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/4.1/s19.37.

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Air pollution is one of the most important causes of morbidity and mortality. The fact that more cities are now improving their air quality control system is good news, so when they take action to improve air quality, they set a goal accordingly. As air quality declines, the risk of stroke, heart disease, lung cancer and chronic and acute respiratory diseases, including asthma, increases in people who live in these cities. Ambient air pollution, which contains high concentrations of fine and fine particles, poses the highest environmental health risk, causing three million premature deaths worldwide each year. At the same time, people's awareness is rising, and air quality monitoring is being carried out in more cities. As air quality improves, global prevalence of respiratory and cardiovascular diseases is declining.� Most sources of urban outdoor air pollution are wholly beyond the control of individuals, suggesting the need for action at the city level and by national and international policy makers to promote cleaner modes of transport, more efficient energy production and appropriate waste management. More than half of controlled cities located in high-income countries, and more than one-third of cities located in low- and middle-income countries reduced their air pollution levels by more than 5% within five years. The set of affordable and accessible policies includes measures such as reducing emissions from industrial chimneys, increasing the use of renewable energy sources such as solar and wind, and prioritizing the development of rapid transit systems, increasing walking and developing bike path networks. Air quality in Bulgaria raises serious concerns: measurements show that citizens across the country breathe air that is assessed as harmful to health. For example, the concentration of PM2.5 and PM10 is much higher than the values prescribed by the European Union and the World Health Organization (WHO) for health protection. The concentrations of PM2.5 in the urban areas of Bulgaria were the highest of all 28 EU member states as average values for a three-year period. For PM10, Bulgaria also leads among the countries with the highest pollution with an average daily concentration of 77 �g / m3 (the EU limit value is 50 �g / m3). According to the World Health Organization, 60% of the urban population of Bulgaria is exposed to dangerous (unhealthy) levels of dust particles (PM10). Air pollution in the Republic of Bulgaria is a significant and difficult to solve environmental problem related to physiographic, social, economic and anthropological factors. Bringing the air quality in the country in line with the norms and goals set in Directive 2008/50 / EC, although difficult, is achievable. For the last 10 years our country has made significant progress in terms of controlled pollutants.
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Beutel, Jochen, Edmunds Broks, Arnis Buka, and Christoph Schewe. "Setting Aside National Rules that Conflict EU law: How Simmenthal Works in Germany and in Latvia?" In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.10.

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At the centre of this article is the Simmenthal line of cases of the Court of Justice of the European Union, which establish the duty of every national court or administrative authority not to apply any national law that conflicts with the EU law. The article provides a brief overview of the evolution of the Simmenthal case law at the EU level. It then proceeds to assess how Simmenthal is applied at national level through comparative analysis of experience from Germany and Latvia. A particular emphasis in that regard is placed on the role of constitutional courts, as well as on the role of administrative authorities. Research from both countries points to a general adherence to the obligation established by Simmenthal. However, it also indicates certain discrepancies in national legislation, which obscure strict application of Simmenthal, especially for national administrations. Particularly in Latvia administration is not entitled to disapply national law on its own motion, whereas – explicitly following the Simmenthal doctrine – it would (theoretically) be entitled to do so in Germany.
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Dauster, Manfred. "Criminal Proceedings in Times of Pandemic." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.

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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
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Petrašević, Tunjica, and Paula Poretti. "THE ‘POLLUTER PAYS’ PRINCIPLE: THE CROATIAN EXPERIENCE." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22408.

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The ‘polluter pays’ principle (PPP) is one of the four tenets of the European Union’s (EU) environmental policy. Where the PPP is successfully applied, the polluter bears the cost of pollution, including the cost of prevention, control, and removal of pollution, as well as the cost it causes for the society and the respective population. The PPP is to discourage polluters from environmental pollution by holding them liable for the pollution by means of having the polluters, and not the taxpayers, bear the remediation cost. This paper juxtaposes the application of the PPP in the case law of the Court of Justice of the European Union and Croatian jurisprudence. Following an overview of the PPP in EU law, the paper briefly reviews two CJEU cases (Van de Walle and Erika) that concern the question of whether liability for incidental pollution is attachable to both the manufacturer of dangerous material and the polluter. Next, the paper examines the application of the PPP in the Croatian judiciary, where – contrary to the EU environmental policy – the remediation cost being borne by the taxpayers is seemingly the norm (especially where the polluter cannot bear the remediation cost due to insolvency).
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