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The fifth anniversary of the adoption of the Industrial Emissions Directive came in December 2015. Consolidating seven previously existing pieces of the environmental acquis, the Industrial Emissions Directive became the command-and-control type cornerstone of EU policy on industrial activities. At the time of its adoption, it marked an important step towards a flexible and coherent legislative framework...
This paper presents a comparative discussion of the application of principles of international environmental law in the Latin American region and the European Union. The question we seek to answer is how (international) environmental principles are employed by Supreme Courts in Latin America, with a brief comparison with the approach by the European Court of Justice. This research presents an illustrative...
The aim of this article is to assess whether the party autonomy provided in the EU Regulations on family matters and on successions may overcome the uncertainties arising from the fragmentation of the EU family law. Currently, this legislation is spread over multiple Regulations that regulate different relationships, but are interconnected in a fragmentary manner. Unitary treatment of these relationships...
Reacting to a series of terrorist attacks, the European Union has tasked Europol to establish an Internet Referral Unit (EU IRU) to counter terrorist propaganda.The political statement entailed a clear commitment to fundamental rights including data protection. This paper analyses the present and future applicable legal bases and elaborates on challenges connected to the practical implementation of...
“Dublin” – the Dublin Regulation – determines, which Member State is responsible for the substantive examination of an asylum application. In May 2016, the Commission issued a proposal for a new Dublin Regulation. This article examines the proposal from the standpoints of efficiency and fairness. The proposal does not sufficiently address the main challenges for the implementation of the Dublin procedure...
EU Treaties, Regulation 1049/2001 and the CJEU’s case law require the highest standard of transparency for EU law-making. Yet, some pivotal stages of the legislative process remain completely opaque until the relevant decisions are adopted. This paper focuses on three different stages of this process, namely the adoption of the Commission’s impact assessment, of the European Parliament’s report by...
Air pollution poses the single largest environmental health risk in Europe today. In the wake of the VW scandal (Dieselgate), the regulatory techniques aiming at tackling air pollution in the frame of the EU type-approval procedure are subject to significant changes. The article provides an analysis of the current emission standards and the improvements flowing from recent European Commission Regulations...
The European Union’s “Road to the Paris Agreement” did not include unilateral legislative instruments such as those it adopted before previous conferences pursuant to its exemplarity policy in climate negotiations. Rather, the Member States agreed in principle on new targets, some binding on both the European Union and Member States, such as those concerning greenhouse gas emissions from both emissions...
The right to an air quality plan is recognised by the Janecek judgement of the Court of Justice. However, if a claimant brings an action to a domestic court and argues for an injunction that would require the competent public entity to draw up an air quality plan, the national judge is confronted with various legal issues. General EU law questions may be raised which concern EU competence, legal bases,...
UK barrister John Horan, who was disabled as the result of a stroke, uses the example of his own case to argue that discrimination on the grounds of disability in courts, tribunals and regulatory panels will only be stopped if judges and their peers take a realistic approach based on morality and humanity. He supports his argument with references to the United Nations Convention on the Rights of Persons...
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