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.
Full textLi, Qian. "European Union normative approaches to enviromental governance." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120096.
Full textBAHMER, 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.
Full textSupervisor : 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.
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.
Full textBrown, 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.
Full textLi, 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.
Full textWei, 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.
Full textPAGANO, Mario. "Overcoming Plaumann : Environmental NGOs and access to justice before the CJEU." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/75102.
Full textExamining 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).
Bao, Yong Liang. "Meeting the challenge of EU enlargement : approximation of Environmental legislation." Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b2185450.
Full textPolard, 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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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
BORGINON, Alfons. "Looking at environmental law from the other side : property law and the environment : a comparative case study of Belgian, German and UK packaging law in a property law environment." Doctoral thesis, 1994. http://hdl.handle.net/1814/5481.
Full textBORZSÁK, Levente. "A Green way out? : or the effects of environmental protection on the public enforcement mechanism." Doctoral thesis, 2008. http://hdl.handle.net/1814/23695.
Full textExamining Board: Gráinne de Búrca (EUI Supervisor) ; Bruno de Witte (EUI) ; Jane Holder, University College London ; Sybille Grohs, European commission, DG ENV
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis argues that the present provisions on public enforcement are inadequate for the effective promotion of compliance with Community law and seeks to provide solutions in order to improve them. Article 226 and 228 EC are both cumbersome and lengthy, particularly with regard to environmental protection. In order to reach this conclusion, the thesis reviews the subject of the enforcement procedure, the infringement itself. It gives a definition of compliance and offers reasons why and how Member States comply or fail to comply with Community rules. It analyses the Commission's role in applying the public enforcement mechanism, before it reviews the problems occurring in the application of Article 228, as the “ultima ratio ultimae rationis” in infringement procedures. Although the Commission attempted several times to clarify the application of that Article, there are still open questions. Environment is the field of law which produces the most enforcement problems and if we find solutions to them, we may be able to use the experiences in other sectors, too. After introducing the main approaches promoting compliance, it is argued that more attention needs to be paid to enforcement than to the managerial approach. Reviewing the managerial instruments reveals that they are more powerful when complemented by enforcement means. Consequently, the thesis focuses upon the latter methods, by referring to the case law on Article 228, which demonstrates the success of the public enforcement procedure. The enforcement mechanism, however, is not perfect, thus a variety of solutions is proposed to make it more effective. Along the lines of the amendments introduced in the Treaty of Lisbon, some improvements to these articles are proposed together with a so-called urgency measure, which empowers the Commission to stop – at an early stage – an infringement that might otherwise mean irreparable damage to the environment.
BALSAMO, Edward J. "A comparison of environmental impact assessment in the United States and the European Union : the case study of Italy." Doctoral thesis, 2003. http://hdl.handle.net/1814/5587.
Full textARP, Henning A. "Multiple actors and arenas : European Community regulation in a polycentric system : a case study on car emission policy." Doctoral thesis, 1995. http://hdl.handle.net/1814/5208.
Full textExamining board: Adrienne Héritier (EUI) ; Prof. Gerhard Lembruch (Universität Konstanz) ; Prof. Giandomenico Majone (EUI - supervisor) ; Prof. Roger Morgan (EUI - co-supervisor) ; Prof. Jeremy Richardson (University of Essex)
First made available online: 13 September 2016
GIANNAKOPOULOS, Themistoklis K. "Rights and obligations of private parties in antitrust, merger, anti-dumping anti-subsidies and state aid cases." Doctoral thesis, 2000. http://hdl.handle.net/1814/4637.
Full textExamining board: Claus-Dieter Ehlermann (supervisor) ; Bruno De Witte ; Joseph Gilchrist ; Jacques Ziller
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
HARTMANN, Moritz. "Globaler klimawandel und Europäischer rechtspluralismus : implementationsparameter des klimaschutz - und emissionshandelsrechts." Doctoral thesis, 2010. http://hdl.handle.net/1814/15414.
Full textMORAIS, LEITAO Teresa. "Civil liability for environmental damage : a comparative survey of harmonised European legislation." Doctoral thesis, 1995. http://hdl.handle.net/1814/5464.
Full textORLANDO, Emanuela. "Liability for environmental harm : towards the mutual supportiveness of international law and European Union law." Doctoral thesis, 2010. http://hdl.handle.net/1814/14526.
Full textExamining Board: Prof. Francesco Francioni, European University Institute (Supervisor) ; Prof. Bruno De Witte, European University Institute; Prof. Ludwig Kramer, University of Bremen ; Prof. Massimiliano Montini, University of Siena
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The present study examines how the question of reparation for environmental damage that occurred during the operation of economic and industrial activities has been dealt with in international law and within the European Union legal system. In particular, the thesis endeavours to provide a comparative analysis of the Directive 35/2004/EC on Environmental Liability with regard to the Prevention and Remedying of Environmental Damage with relevant developments on the international level, and tries to define a conceptual framework with which to examine the relationship between the two legal systems. The need to find concrete and effective responses to the problem of environmental degradation has prompted the recourse to a plethora of legal instruments and determined the emergence of different approaches to the question of environmental liability. More specifically, the integration of environmental concerns into liability systems has determined a revision of the ultimate goals traditionally assigned to liability and an adjustment of its classic structures to new realities. Therefore, the overall legal framework on environmental liability in Europe and on the international level is gradually evolving towards the coexistence of traditional schemes of civil liability with new regulatory models for prevention and reparation of environmental damage. The starting point for the analysis is the recognition that appropriate and effective responses to the problem of environmental harm require a coherent and coordinated application of different legal tools, private and public, international and European. By looking at the interface between international law and EU law in the field of environmental liability, this study identifies different conceptual and regulatory approaches to the question of prevention and reparation for environmental damage. It explores potential synergies and interactions among them with a view to achieving the ultimate goal of providing effective responses to the problem of environmental harm.
PELTONEN, Ellinoora. "Private control instruments in the European consumer, occupational health and safety, and environmental policies." Doctoral thesis, 2010. http://hdl.handle.net/1814/15407.
Full textExamining Board: Fabrizio CAFAGGI (Supervisor, EUI); Christian JOERGES (former EUI/University of Bremen); Colin SCOTT (University College, Dublin); Jyrki TALA (University of Turku and National Research Institute of Legal Policy, Helsinki)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
European Union’s (EU) legislature allows for EU level private interest governments (PIGs): stakeholders, industry, professional and co-operative bodies; and control entrepreneurs (PriCEs) to complement regulatory strategies. However, governance studies have infrequently conducted cross-sector analysis on how they assist in implementing EU policies. This study conducts cross-sector analysis of private compliance instruments (PCIs) utilised as partial implementing strategy to EU’s business regulation across consumer, worker health, safety and environmental policies. It introduces several opportunities to learn from differences. PriCEs appear operational PCIs throughout several legislative and private regulatory frameworks; regulatory sectors; targeting sector- or business-specific compliance; and employing either command-and-control or reflexive/responsive regulatory modes. However, workable 'in-house' PCIs implemented by PIGs necessitate specific market architecture and legislative pressure. Within sectors of health and safety of consumers and workers specific conditions may support in-house PCIs, which control business-specific compliance within command-and-control mode. However, within environmental sector, such in-house PCIs appear unfeasible. The EU legislature has also architected PCIs, which somewhat equate to reflexive/responsive mode, to consumer and environmental policies, whilst it has abstained from introduction of such instruments to worker health and safety due to autonomous social dialogue. Generally, at EU level, the potential for using outfitted reflexive mode PCIs appears greater than employing command-and-control mode in CPIs.
HÄGGLÖF, Mikael. "Emissions trading and competition law : refusal to supply marketable pollution permits." Doctoral thesis, 1999. http://hdl.handle.net/1814/5544.
Full textBELL, Mark. "EU anti-discrimination law : the cases of race and sexual orientation." Doctoral thesis, 2000. http://hdl.handle.net/1814/4559.
Full textExamining board: Colin Crouch, EUI (co-supervisor) ; Gráinne de Búrca, EUI ; Barry Fitzpatrick, University of Ulster ; Elspeth Guild, University of Nijmegen ; Silvana Sciarra, EUI (supervisor)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
LENZ, Miriam. "The interplay between the environment and competition law in the EU : an analysis of environmental agreements and their assessment under Article 81 EC." Doctoral thesis, 2000. http://hdl.handle.net/1814/5459.
Full textBAILEY, Patricia M. "Legal perspectives on new instruments in environmental law : agreements in the European Union." Doctoral thesis, 2002. http://hdl.handle.net/1814/4552.
Full textPDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
In the last two decades, it became clear that traditional “command-and-control” environmental legislation was insufficient to meet the need of protecting the environment. Industry attacked the myriad of regulations, complaining that while the largest companies were in compliance, they continued to be over-regulated. Meanwhile, the limited government resources meant that public authorities were unable to properly enforce regulations against the small and medium-sized firms which, in many cases, were the major polluters. Thus, the search began for alternative, cost-effective methods of enforcing environmental law. Among the many approaches developed was the environmental agreement, a type of contract regarding pollution control between public authorities and industry (and on occasion, public stakeholders). However, the role of the environmental agreement remains unclear and its efficacy untested. Accordingly, this thesis poses the following hypothetical: Can an environmental agreement be used as effective complement to or substitute for traditional command-and-control legislation?
RYALL, Aine. "Effective judicial protection" and the environmental impact assessment directive in Ireland"." Doctoral thesis, 2003. http://hdl.handle.net/1814/6353.
Full textKLEINBAUER, Heidemarie. "Europäischer Habitatschutz und nationales Naturschutzrecht." Doctoral thesis, 2000. http://hdl.handle.net/1814/5519.
Full textMAST, Patricia. "La réglementation de protection de l'environnement et l'integration européenne : Les emballages et leurs déchets - un exemple." Doctoral thesis, 1992. http://hdl.handle.net/1814/5601.
Full textZIEGLER, Andreas R. "The harmonization of European environmental law and diverging national measures : a general survey of the European Community's legal mechanisms for the coordination of Community secondary law and national environmental measures with a special focus on more stringent national measures and their legal justification under the existing system of safeguard clauses, systematic escape clauses, and minimum standards and the principles of shared responsibility, subsidiarity, and competition of regulatory systems." Doctoral thesis, 1993. http://hdl.handle.net/1814/5619.
Full textEMANUELSON, Anna. "Article 81 and state measures : a study of the remaining conflicts between national economic regulations and Article 81, using the example of environmental agreements and collective agreements." Doctoral thesis, 1999. http://hdl.handle.net/1814/5565.
Full textCOUTTO, Tatiana. "The EU as an actor in international environmental negotiations : the role of the mixity principle in fishery agreements." Doctoral thesis, 2010. http://hdl.handle.net/1814/14185.
Full textExamining Board: Prof. Adrienne Héritier, EUI (Supervisor) Prof. Christian Lequesne, CERI-Sciences-Po Prof. Andrew Jordan, University of East Anglia Prof. Pascal Vennesson, EUI
The mechanisms that enable the joint participation of the European Community (EC) and its twenty seven sovereign member states in multilateral bargains are much more complex than what the three pillar architecture suggests. Nevertheless, the influence of inter-branch negotiations on the EC/EU’s international actorness4 still remains a gray area between law and political science. An under-explored aspect regards the distribution of competences – defined as authority to undertake negotiations with third states and international organizations – within the Community institutional framework. Such competences, or powers, may be exclusive to member states (MSs), exclusive to the EC represented by the Commission, or shared by both. The last situation, known as mixed participation (or mixity) is the key variable of this study. This thesis seeks to shed light on EU actorness under mixity conditions by investigating how and to what extent the distribution of competences between the European Commission and the Council of Ministers influences the performance of the EC in the negotiation of certain types of global environmental agreements. The methodology consists of comparative analysis of three empirical cases related to the exploitation of living marine resources (fisheries). A two-level approach grounded in rational choice institutionalism is adopted, dividing the study in two main parts: the first focuses on EU level bargains (L1) in order to explain the different kinds of contracts (mandate) established between the Council and the Commission through a principal-agent relationship. The independent variables taken into account are Council‟s preferences, Commission’s preferences, and the extent of the knowledge about ecological processes impacted by the forthcoming policy decisions stemming from the agreements. This last variable was called „environmental scientific uncertainty‟ (ESU), as this term is already used by environmental economists. The second part of the thesis addresses the negotiation of global agreements to which the EC was part, either exclusively or together with MSs. As there is a shift in the level of analysis the mandate – the dependent variable at L1 – becomes an independent variable at L2. The goal is now to explain: a) the effects of mixity as opposed to EC exclusive competence on the EU’s actorness. The underlying argument is that the implications of mixity go beyond European integration; in fact they are critical to the strengthening of EU agency vis-à-vis other players. They appear as a valuable institutional mechanism in domains marked by scarcity of reliable scientific data about ecological processes (as in ESU). The three cases are studied in both L1 and L2 and relate to fisheries policies: a) the Agreement to Promote Compliance by Fishing Vessels on the High Seas (1995), under the FAO framework; b) the Agreement on Straddling and Highly Migratory Fish Stocks (1995), Under the United Nations Convention on the Law of the Sea (UNCLOS) framework and c) The Jakarta Mandate, an agreement on Biodiversity of Marine and Coastal Areas (1995), under the Convention on Biological Diversity framework. Data stem mainly from Law databases and official journals. Results shall shed light on the external impact of institutional arrangements within the Community, and their relevance to the study of the EU’s international relations.
PESTELLINI, Francesca. "The regulation of transfrontier movements of hazardous waste and their disposal under the 1989 Basel Convention and Community law." Doctoral thesis, 1995. http://hdl.handle.net/1814/4749.
Full textExamining board: Prof. Roberto Barsotti, University of Florence ; Dr. Renaud Dehousse (Co-supervisor), EUI ; Prof. Francesco Francioni, University of Siena ; Dr. Ludwig Krämer, DG XI Commission of the European Union ; Prof. Hans-Ulrich Jessurun d'Oliveira (Supervisor), EUI
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
KAS, Betül. "'Hybrid' collective remedies in the EU social legal order." Doctoral thesis, 2017. http://hdl.handle.net/1814/46964.
Full textExamining Board: Prof. Hans-W. Micklitz, EUI (Supervisor) Prof. Marise Cremona, EUI Prof. Laurence Gormley, University of Groningen Prof. Fernanda Nicola, Washington College of Law, American University
The aim of this thesis is to illustrate, on the basis of a socio-legal study presented in three qualitative case studies, the role of hybrid collective remedies in enforcing European socially oriented regulation, in particular environmental law, anti-discrimination law and consumer law, for the creation of a European social legal order, which is able to gradually counter its perceived internal market bias. The hybrid collective remedies at stake in the three case studies – each case study constituted by a preliminary reference to the CJEU – are symptomatic of the three legal-political fields at stake. With the EU taking a leading role in the three fields for the purpose of complementing the creation of an internal market, the EU has decoupled the fields from their national social welfare origin and re-established a policy which is not so much based on ensuring social justice, but more based on procedural mechanisms to ensure access justice. Likewise, the EU left the creation of collective remedies fostering a genuine protective purpose to the Member States. The national and European models of justice underlying the three legal-political fields and their remedies are of a complementary, i.e., of a hybrid nature, and are moving towards the creation of an integrated European social order. The creation of the European social order via national actors using the preliminary reference procedure to implement the three policies at stake goes hand in hand with the creation of a European society.
POCHMARSKI, Robert. "Substitutive powers vis-a-vis regions : a means to improve compliance with European law? the cases of Germany, Italy and Austria." Doctoral thesis, 1995. http://hdl.handle.net/1814/5648.
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