Comparative Environmental Law in Europe. An Introduction to Public Environmental Law in the EU Member States

Volledige citeerwijze volume 17 Ius Commune Europaeum boekenreeks:

M.A. Heldeweg, R.J.G.H. Seerden (eds.), Comparative Environmental Law in Europe. An Introduction to Public Environmental Law in the EU Member States (1996, MAKLU Uitgevers, Antwerpen-Apeldoorn, ISBN 90-6215-536-7, xxiv + 439 p. + supplement 33 p.)

Flaptekst:

This book intends to contribute to the insight into public environmental law within the EU Member States, environmental law to be understood as the law concerning the protection of the physical environment (water/soil/air etc.) against pollution. The adjective ‘public’ limits the scope of this book to those parts of environmental law that concern the relations between government and private individuals. This book focuses on constitutional and administrative law. This focus does, however, not imply the exclusion of international and European (environmental) law nor of private penal (environmental) law. These areas of law will be dealt with but they will be discussed only as far as the are relevant to the understanding of public environmental law. The main purpose of this book is to give an introduction, by native writers, to the most important aspects of public environmental law in the EU Member States. Although being an introduction this book can be of great importance for education, research and practice as well. It can play a major role in the development of (comparative) public environmental law in the various EU Member States and in that respect in the research of the Ius Commune of European Countries. The public environmental law of the EU Member States is presented in separate chapters for each Member State. The six main items of each contribution are: 1. an introduction to the constitutional system (legal powers within the state, judiciary powers, etc.) insofar as this is functional to the description of public environmental law; an outline of legal and administrative competences on the various authority levels in general and within in the field of environmental law in particular; 2. an elaboration of the legal bases for government involvement in the protection of the environment (principles of fait accompli); 3. a description of legal instruments of environmental policy (legal acts, permits, planning, financial instruments, etc.) 4. an outline of administrative procedures and judicial review, especially for environmental permits; 5. a description of the enforcement of the law (under administrative law in relation to private and penal law) against environmental offences; 6. recent developments in public environmental law. In the last chapter the editors make some comparative remarks.