EU Environmental Law and Policy

by Langlet, David; Mahmoudi, Said

• ISBN13: 9780191831904
• ISBN10: 0191831905
• Format: eBook
• Copyright: 2016-09-08
• Publisher: Oxford University Press

Summary

An accessible and comprehensive resource, EU Environmental Law and Policy explains the structure and logic of EU environmental law and enables readers to quickly gain a thorough understanding of the different areas of EU secondary law pertaining to the protection of the environment.

This volume explores the institutional, constitutional, and historical premises for the adoption and application of substantive EU environmental law and further expounds upon the dynamics between EU Member States and the EU. The book additionally provides an introduction to the specific subject areas of EU environmental law through thematic chapters that analyse important topics such as climate and energy, water, and biological diversity. Each area is explained in detail, including a discussion of the specific features that characterize each area and an overview of the main legal acts and case law relevant to the particular area.

Author Biography

David Langlet, Professor of Ocean Governance Law, School of Business, Economics, and Law, University of Gothenburg,Said Mahmoudi, Professor of International Law, Stockholm University

David Langlet is Professor of Ocean Governance Law at the School of Business, Economics, and Law, University of Gothenburg. He was previously a Research Fellow at Christ Church College and the University of Oxford and a Senior Lecturer in Environmental Law at the Faculty of Law Stockholm University.


Said Mahmoudi is Professor of International Law at Stockholm University. He is also an arbitrator nominated by the Swedish Government according to Article 2 of Annex VII to the 1982 UN Convention on the Law of the Sea. He formerly served as a diplomat at the Iranian Embassy in Stockholm and was Dean of the Faculty of Law at Stockholm University from 2009 to 2011. His main research areas include law of the sea, international environmental law, EU environmental law, and international organization.

Table of Contents

1. The European Union
1.1. Structure and Functioning of the European Union
1.2. Origins and Development of the EU
1.3. The Nature of the EU
1.4. Institutional Structure
1.5. EFTA and EEA
1.6. Legal Sources of the EU
1.7. Precedence and Direct Effect of EU Law
1.8. Decision-Making Procedures
2. Objectives, Principles, and Resources
2.1. Environment Action Programmes
2.2. Environmental Objectives and Policy
2.3. Pertinent Principles
2.4. Institutional Development
2.5. Financial Instruments
3. Free Movement of Goods and the Room for Member State Action
3.1. Quantitative Restrictions and Measures having Equivalent Effect
3.2. Legitimizing Trade Restrictive Reasures
3.3. Notification of Technical Standards
3.4. Environmental Taxes
4. Division and Exercise of Competence
4.1. Competences and Legal Bases
4.2. Environmental Policy as Legal Basis
4.3. The Internal Market as Legal Basis
4.4. Other Legal Basis
4.5. Choice of Legal Basis
5. Supervision and Sanctions
5.1. The Member States' Obligations
5.2. Sanctions for Individuals
5.3. Enforcement of EU Law
5.4. Infringement Actions
5.5. Annulment and Failure to Act
5.6. Preliminary Rulings
5.7. Access to Justice for Individuals
6. Horizontal measures
6.1. Eco-labeling
6.2. Environmental Impact Assessment
6.3. Prevention of Major Accidents
6.4. The Eco-Management and Audit Scheme (EMAS)
6.5. Information, Participation, and Access to Justice
6.6. Environmental liability
7. Industrial Emissions
7.1. The Integrated Emissions Directive (IED)
8. Air Quality and Noise
8.1. National Emissions Ceilings
8.2. Ambient Air Quality
8.3. Ozone Depleting Substances
8.4. Emissions from Specific Sources
8.5. Noise
9. Water
9.1. The Water Framework Directive
9.2. Other Legal Acts related to Water
9.3. The Marine Strategy Framework Directive
9.4. Pollution from Ships
10. Climate and Energy
10.1. Commitments, Distribution, and Monitoring
10.2. The EU ETS
10.3. Sources of Greenhouse Gases outside the EU ETS
10.4. Energy from Renewable Sources
10.5. Carbon Capture and Storage
10.6. Energy Efficiency
10.7. Ecodesign of Energy Using Products
10.8. Eco Labeling
11. Waste
11.1. The Waste Framework Directive
11.2. Shipments of Waste
11.3. Landfill of Waste
11.4. Packaging and Packaging Waste
11.5. End of Life Vehicles
11.6. Waste Electrical and Electronic Equipment (WEEE)
11.7. Mining Waste
11.8. Ship Recycling
11.9. Ship Generated Waste and Cargo Residues
11.10. Other Particular Kinds of Waste
12. Chemicals
12.1. Risks and Knowledge
12.2. The REACH Regulation
12.3. Classification, Labeling, and Packaging
12.4. Pesticides
12.5. Biocidal Products
12.6. Trade in Dangerous Chemicals
12.7. Other Measures Relating to Chemicals
13. Genetically Modified Organisms (GMOs)
13.1. Contained Use of GMOs
13.2. Deliberate Release of GMOs
13.3. Transboundary Movement of GMOs
14. Biodiversity
14.1. Conservation of Wild Birds
14.2. Conservation of Natural Habitats
14.3. Conservation of Natural Habitats
14.4. Deforestation and Illegal Logging
14.5. Other Measures Relating to Biodiversity