Academic literature on the topic 'Liability for environmental damages – European Union countries'
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Journal articles on the topic "Liability for environmental damages – European Union countries"
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Thiet, Tran Cong, and Vu Thi Duyen Thuy. "Some legal issues on compensation for environmental damage under Vietnamese law and the law of the European Union." Studia Prawnicze KUL, no. 3 (September 28, 2021): 277–306. http://dx.doi.org/10.31743/sp.10660.
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In recent years, the law on environmental damage compensation has been a burning issue in many countries around the world, especially in developing nations where the dilemma concerns the balance between economic development and environmental protection. The issue of liability for environmental damage can be considered from many perspectives, and the focus of this study will be civil liability compensation. Learning and studying the regulations of developed countries like the European Union plays an important role in the development and improvement of environmental laws in general and the law on environmental compensation in particular for Vietnam. In this article, the authors provide insights on some legal provisions on compensation for environmental damage based on comparison with the laws of the European Union to determine how to develop legal regulations in the field of environmental damage compensation. This creates a foundation that contributes to the introduction of solutions to improve the efficiency of the law on environmental damage compensation in Vietnam.
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Shestak, Viktor, Sergei Katsuba, Tatiana Kvasnikova, and Yuri Bokov. "Liability for Violation of Environmental Legislation in the EU." European Energy and Environmental Law Review 30, Issue 1 (March 1, 2021): 9–19. http://dx.doi.org/10.54648/eelr2021002.
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The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures. environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy
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Betlem, Gerrit. "Standing for Ecosystems—Going Dutch." Cambridge Law Journal 54, no. 1 (March 1995): 153–70. http://dx.doi.org/10.1017/s0008197300083197.
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Traditionally, common lawyers are used to examining other jurisdictions of their legal family as a source of inspiration for law reform or even as persuasive authority for the development of case law. Developments in continental civil law jurisdictions are less noted. However, particularly in the field of public law, English law is now being influenced by civil law concepts through the mediation of Community law.1 Product liability provides an example in private law of rules shared by the civil and common law jurisdictions of the European Union due to harmonisation by the Product Liability Directive. An important new area of non-contractual liability is environmental liability. Firmly established in the United States, liability for damage to the environment is increasingly being introduced in many countries around the world.3 In the European Union, the first step towards Community-wide legislation was taken in March 1993 with the publication of a Green Paper by the Commission.4 One of the many controversial aspects of a possible environmental liability regime is the issue of standing to sue.
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Pajtić, Bojan. "The right to environmental protection in Serbia: Between ethics of good intention and ethics of responsibility." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 1063–82. http://dx.doi.org/10.5937/zrpfns55-30732.
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The paper focuses on formal and practical problems in the field of environmental protection, which occur as a consequence of omissions of the legislative and executive authorities in Serbia. The text analyzes the positive legislation and compliance of domestic legal regulations with international declarations and conventions ratified by our country (from the Stockholm Declaration and the Council of Europe Convention on Civil Liability for Damage Caused by Dangerous Activities to the Environment to the Rio Declaration), as well as with European Directives (EU Directive on Industrial Emissions) and Regulations (Regulation No. 525/2013 on monitoring and reporting of greenhouse gas emissions and reporting on other information relevant to climate change). The candidacy for equal membership in the European family of nations obliges the Serbian Parliament and the Government to make additional efforts in the direction of harmonizing our law with the European one. The paper takes a de lege ferenda approach, so the author explains the need to amend a number of laws, such as the Law on Environmental Impact Assessment, the Law on Strategic Environmental Assessment, the Law on Fees for the Use of Public Goods and the Law on Budget system, as well as the enactment of the Law on Climate Change and the Serbian Civil Code as soon as possible (in which dilemmas that hinder the subjects of law in using the environmental lawsuit as an instrument of environmental protection should be resolved). An unacceptable deviation from one of the fundamental principles established by the Rio Declaration was pointed out, which brings with it a number of structural problems and the inability of both the Green Fund institutions and a number of organizations that focus on ecology. The consequences of the discrepancy between the intentions proclaimed by the Constitution of Serbia and the National Strategy of Serbia for the accession of Serbia and Montenegro to the European Union from 2005 on the one hand and the absence of adequate legislative and executive activities in environmental protection, on the other hand, are obvious in the reports of the European Commission and the European Environment Office, as well as in the health risk and increased mortality of a large number of citizens of Serbia and other European countries, due to harmful emissions that cause pollution of air, water and soil in our country. In addition to the proposals for changes in the formal framework in the field of environmental protection, the paper points out the need to use those mechanisms of civil protection, such as environmental lawsuits (established by the Law on Obligations 1978), which is, by its nature, actio popularis and in that sense accessible to the widest range of subjects. The defense of the standards established by the Kyoto Protocol and the Basel Convention would, through the extensive use of this procedural instrument, be placed not only in the hands of representatives of the legislature and the executive, but also, the judiciary (conditionally, of course, because courts can decide only initiate a civil action, but not on its own initiative).
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Radojevic, Dragana. "The New European Union Directive on Environmental Liability." Medjunarodni problemi 57, no. 1-2 (2005): 177–98. http://dx.doi.org/10.2298/medjp0502177r.
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The New EU Directive on Environmental Liability provides for the system of liability for damage to the environment provoked by human activity. The Directive further provides for direct application of polluter-pays principles, the concept of environmental damage and a variety of preventive and remedial actions. The underlying principle of the Directive is the establishment of financial liability of the operators whose actions provoke environmental damage or the danger of occurrence of the environmental damage, all with the aim to stimulate such operators to adopt appropriate measures and procedures to diminish of environmental risks and therefore decrease their disposure to the environmental liability. Directive is applicable to the operators of the ?regulated activities?, which includes the majority of industries. Directive is relating only to the future environmental damages occurred after its entry in force. Directive adopts strict liability for the operators of the activities dangerous to the environment applicable to any and all environmental damage, whereas for the operators of all other activities the fault-based liability applies and only in respect to the environmental damage of the ecosystem. Operators are not liable for damage provoked by third party, damage occurred regardless of the implementation of the appropriate protection procedures or damage in case of a force majeure event. Also, operators can waive responsibility invoking the so-called ?state of art defense?, i.e. arguing that the harmful action was considered environmental friendly by the time of its occurrence. Another waiver from the responsibility, the so-called permit defense is possible in case whereof environmental damage is provoked by the action which was made in accordance with the issued permit/state authorization. Directive obliges the operators to inform relevant authorities of environmental damage risks which occur due to the operators? activities, as well as to undertake appropriate measures of control, limitation, security, removal of harmful effects and risk/damage management. Directive defines the preventive measures as the measures instituted in response to an event, action or failure to act which created the threat of environmental damage, which measures aim to prevent or mitigate the consequences of such environmental damage. Directive further defines remedial measures as measures or combination of measures, including risk/damage management and provisional measures, with the aim to revoke, rehabilitate or replace damaged natural resources. Directive recommends to the Member States to encourage the operators to contract appropriate insurances and other financial cover from liability. Bearing in mind the development of environmental liability issue, it is uncertain whether and how will the insurance companies build new insurance policies in alternative to the classical insurance from civil responsibility which is only in small part applicable to the environmental damages. The same can be said for the financial market itself, knowing that the entire success of the Directive depends on the financial capacities of the operators to assume the liabilities introduced by the Directive. Pursuant to the Directive, companies shall have to bear themselves the risks of removal of consequences of environmental damage. We are of opinion that a respectable company cannot afford non-cooperation with the authorities, otherwise it risks refusal of work permits, investigations and inspections, refusal of state loans and other benefits. In the aim of prevention of environmental damage, the company management would need to develop internal rules and regulations on environmental protection and environmental policy of the company. Although we admit that Directive creates some preconditions for efficient and uniform implementation of the environmental protection and the achievement of sustainable development within the EU, we believe that Directive can help the prevention of environmental damage only in combination with corresponding fiscal and administrative privilege given to the companies willing to introduce and apply preventive environmental measures.
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Dougan, Michael. "Addressing Issues of Protective Scope within the Francovich Right to Reparation." European Constitutional Law Review 13, no. 1 (February 15, 2017): 124–65. http://dx.doi.org/10.1017/s1574019616000390.
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EU Law – Member State liability in damages – Issues of protective scope about exactly which individuals/interests are protected – Conditions for Member State liability – Intention to confer rights criterion – Tendency towards a ‘checklist’ approach by the Court of Justice of the European Union – Potential implications for scope of Member State liability – Finding appropriate balance between protecting individuals and punishing public bodies – Example of free movement rights – Example of environmental legislation – Example of employment legislation
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Goldsmith, Barbara J., Tara K. Waikem, and Tara Franey. "Environmental Damage Liability Regimes Concerning Oil Spills - A Global Review and Comparison." International Oil Spill Conference Proceedings 2014, no. 1 (May 1, 2014): 2172–92. http://dx.doi.org/10.7901/2169-3358-2014.1.2172.
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ABSTRACT Recently, there have been a number of key developments related to oil spill-related liability worldwide. These developments include: the recent expansion of damages under the European Union Environmental Liability Directive to all marine water; proposed changes to the Canadian offshore oil legislation that would allow for the specific recovery of environmental damages; implementation of US legislation which directs recovered funds from an oil spill to be used in the affected area; and more. This paper will identify and describe the various environmental liability regimes in different regions of the world which contain requirements for the restoration of natural resources affected by these incidents. The paper also will highlight similarities and differences among these regimes, as well as some of the synergies in actual practice. In addition, and to the extent possible, the paper will provide some of the lessons learned and best practices relative to the determining environmental damage liability under the different regimes.
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Sääksjärvi, Sanna C. "Positioning the Nordic Countries in European Union Environmental Policy." Journal of Environment & Development 29, no. 4 (June 23, 2020): 393–419. http://dx.doi.org/10.1177/1070496520933324.
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The influence of the Nordic countries on the European Union’s (EU's) policy processes has been researched from various angles, but there is a lack of research that comprehensively examines all policy positions advanced by Nordic actors within a given policy context. This article introduces a new design for studying policy positions and influence in the EU and examines the phenomenon from a multilevel perspective using an original data set compiled in connection to three directives: the Floods Directive on the assessment and management of flood risks, the Environmental Liability Directive, and the Restriction of Hazardous Substances Directive. The analysis reveals that the Nordic countries follow a certain pattern of influencing EU policy that deviates from other states participating in the consultations. Nordic governmental actors exert a strong technical but weak directional influence in the chosen context but are, overall, more successful than Nordic organizational actors at influencing the policy process.
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Papp, Nikolett. "A munkahelyi egészségsérelmek kompenzációjának felelősségbiztosítási modellje Magyarországon és az Európai Unióban." Erdélyi Jogélet 3, no. 4 (January 26, 2021): 111–25. http://dx.doi.org/10.47745/erjog.2020.04.09.
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"One of the most important issues in the design of national work injury compensation systems is how the two main possible routes of liability relate: on the one hand, the non-tort compensation (social security) model and, on the other, the tort compensation (employers’ liability under civil or labour law) model. In the Hungarian system of accident compensation in labour law, the employee is primarily entitled to certain benefits within the framework of social insurance and may claim damages in excess of this in damages lawsuits. Employers’ liability schemes can be supplemented by voluntary liability insurance solutions. Liability insurance contracts protect both parties: employers are protected against unplanned payments, possibly large amounts of compensation, and the outcome of potentially unpredictable compensation lawsuits, while it means guaranteed coverage for the employee in case of damage. The introduction of compulsory liability insurance for employers is an issue that arises from time to time. In some countries, employers are required to take out liability insurance, such as the United Kingdom, Germany, France, and Austria. In insurance-based models, the route of compensation plays a marginal role. In Hungary, the penetration of liability insurance is low; however, there is currently no legislative intention to make liability insurance more extensive or mandatory for employers. In general, however, there is no universal model for accident compensation in labour law. There is no such benchmark at the European Union level either, and it can be said that there is no explicit intention to fully harmonize Member State regulations. In this study, I examine the consequences of the mandatory or wider application of liability insurance, the regulatory concepts that exist, and the role that the European Union plays in regulating the issue."
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Mrvić-Petrović, Nataša. "Right to compensation of damage arising from traffic accident in the legislation of the countries in transition." Glasnik Advokatske komore Vojvodine 71, no. 12 (1999): 210–22. http://dx.doi.org/10.5937/gakv9907210m.
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By comparative analysis of the bases of liability for damages and the scope of the right to compensation for damages arising from traffic accidents existing in the legislation of the countries that are undergoing transition, the author reaches a conclusion that the process of overcoming the disadvantages of the former legislative solutions is going on slowly and that significant differences are noticed in respect of the level of protection of the injured person. In comparison to these jurisdictions, the present Yugoslav law, especially the solutions accepted in court practice, prove to be much more comprehensive. With the existing changes of the insurance law and with improved efficiency of the judicial protection, Yugoslav legislation could be more successfully adapted to the standards of the European Union.
Dissertations / Theses on the topic "Liability for environmental damages – European Union countries"
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MORAIS, LEITAO Teresa. "Civil liability for environmental damage : a comparative survey of harmonised European legislation." Doctoral thesis, 1995. http://hdl.handle.net/1814/5464.
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ORLANDO, 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.
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Defence date: 25 June 2010Examining 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
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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.
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SCHROEDER, Jan Oliver. "Community embargoes and liability for embargo damages." Doctoral thesis, 1996. http://hdl.handle.net/1814/5627.
Full textBooks on the topic "Liability for environmental damages – European Union countries"
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Petra, Becker. The political economy of environmental regulation: The case of legal liability in the European Union. Hamburg: Europa-Kolleg Hamburg, Institut für Integrationsforschung, 1995.
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Tromans, Stephen. Taking responsibility: Personal liability under environmental law. London: Earthscan, 2001.
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Wachs, Stephan. Flucht aus der kartellrechtlichen Bussgeldverantwortung?: Unternehmensrestrukturierung und Haftungsnachfolge im deutschen und europäischen Bussgeldrecht. Frankfurt am Main: PL Academic Research, 2013.
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Commission, European, ed. The application of the 'polluter pays' principle in Cohesion Fund countries: The Cohesion Fund and the environment. Luxembourg: Office for Official Publications of the European Communities, 2000.
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ECOTEC Research and Consulting Limited., ed. The Cohesion Fund and the environment: The application of the 'polluter pays' principle in Cohesion Fund countries. Luxembourg: European Commission, 2000.
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Otvetstvennostʹ za okruzhai︠u︡shchui︠u︡ sredu i vozmeshchenie ėkologicheskogo vreda: Zakony i realii Rossii, SShA i Evrosoi︠u︡za : monografii︠a︡ = Liability for environment and damages compensation : laws and practices Russia, USA and European Union. Moskva: Infra-M, 2014.
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EU Environmental Liability Directive: A Commentary. Oxford University Press, 2013.
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Die Sanierung Von Biodiversittsschden Nach Der Europischen Umwelthaftungsrichtlinie. Springer, 2008.
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Res, Ricardo Pereira. Environmental Criminal Liability and Enforcement in European and International Law. Brill - Nijhoff, 2015.
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Tromans, Stephen, and Gillian Irvine. Taking Responsibility: Personal Liability under Environmental Law. Taylor & Francis Group, 2014.
Find full textConference papers on the topic "Liability for environmental damages – European Union countries"
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Arghius, Viorel, Horatiu Stefanie, Octavian Liviu Muntean, Nicolae Baciu, and Corina Arghius. "ANALYSIS OF HYDRO-METEOROLOGICAL DISASTERS IN EUROPEAN UNION COUNTRIES IN THE PERIOD 2000-2021." In 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/4.1/s19.33.
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Over time, hydro-meteorological disasters, also called weather and/or climate-related disasters have recorded the highest occurrence of natural disasters, not only in European Union (EU) countries, but also worldwide, causing a total of most damage and life losses. Using available updated EM-DAT international disaster database, this study aim to provide the results derived from the analysis of the weather and climate-related disaster at EU countries level. Countries and disaster type disparities in terms of frequency, distribution, mortality and economic losses are highlighted. Since the reported losses have a certain amount of uncertainty, or are missing for some events, only the relevant disasters that resulted in at least ten people death and/or 10 million US$ have been assessed in this study. The EU countries population and GDP/capita time-series data were collected from the statistical database of European Environmental Agency (EEA). Between 2000 and 2021, EM-DAT reported 225 relevant natural disasters in EU countries, causing 86,390 deaths and total estimated direct damages of 186 billion US$. Among all these disasters those triggered by floods prove to be the most prevalent (40 %), followed by storms (28 %). In terms of mortality, most of the killed people were caused by heat waves, with a total of 81,673 registered deaths. Focusing on direct economic losses, floods provide more than half of the damages recorded so far, accounting 59.2 % of losses. Average annual economic losses in EU countries were around 8.5 billion US$, while the average losses per capita were almost 400 US$, which means an average annual loss of about 18 US$ per capita. During this period, no relevant trend was found for the variables analysed.