Is EU Environmental Law a De Facto Subject of EU Administrative Law?

2012 ◽  
Author(s):  
Emanuela Matei
Keyword(s):  
Environmental Law ◽  
Administrative Law

Implementation of the Good Governance Principles on the International Level

2019 ◽  
pp. 263-269
Author(s):  
Henk Addink
Keyword(s):  
International Law ◽  
International Institutions ◽  
Dispute Settlement ◽  
Good Governance ◽  
Environmental Law ◽  
Administrative Law ◽  
Transition Elements ◽  
Legitimate Expectation ◽  
Wto Dispute Settlement ◽  
Policy Fields

By the end of the twentieth century, the concept of good governance was applied in specific policy fields like international environmental law and in the more general frame of policy by the international organizations. The good governance perspective has also been developed in the context of globalizing administrative law. At present, the implementation of good governance has a much broader meaning than it did twenty years ago. The concept is clearly in development and transition. Elements such as propriety, transparency, participation, accountability, accountability and human rights have been added to the concept. All these elements have been incorporated into several documents over the course of time. Within the framework of the Council of Europe, the ECtHR develops its own interpretation of the principle of good governance in the review of government action. We see that the principles of international law and more specifically the principle of effectiveness and the principle of legitimate expectation have been applied by the WTO Dispute Settlement Body. At the grassroots of international law, good governance has been accepted as a principle of law, in national legal systems, and from there in regional and international institutions. So, it functions as a norm for the administration and the court uses elements of the principle in its review. The concept is applied as such and in the different policy fields. In describing the conditions for principles of international law we conclude that the good governance principle is a principle of international law.

4. Public Law

2019 ◽  
pp. 94-127
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
Decision Making ◽  
Constitutional Law ◽  
Environmental Law ◽  
Administrative Law ◽  
Public Law ◽  
Decision Makers ◽  
Aarhus Convention ◽  
Constituent Elements ◽  
Public Decision

This chapter explains the important role that public law, particularly administrative law, plays in environmental law. This role comes about because much of environmental law requires vesting decision-making and regulatory power in the hands of public decision-makers at all levels of government. This chapter begins by providing an overview of the different constituent elements of public law: constitutional law, administrative law, the role of the EU and international law, as well the complexities of this area of law. The chapter then moves on to consider the way in which the different types of interests involved in environmental problems and the need for information and expertise provide challenges for public law. The chapter then provides an overview of four major features of public law that are particularly relevant to environmental lawyers: the Aarhus Convention, accountability mechanisms, judicial review, and human rights.

Surface Transportation and Administrative Law: Growing up Together in the 20th Century

1996 ◽  
Vol 1527 (1) ◽  
pp. 3-20
Author(s):  
Edward V. A. Kussy
Keyword(s):  
World War Ii ◽  
20Th Century ◽  
Environmental Law ◽  
New Technology ◽  
The United States ◽  
Administrative Law ◽  
Transportation System ◽  
Federal Aid ◽  
Federal Grant ◽  
1960S And 1970S

The concurrent development of administrative law and America's modern transportation system is no accident. Both reflect the technological and societal changes that have defined what the United States is today. The importance of transportation is reflected by the fact that so many of the important events, statutes, and court decisions in the history of 20th century administrative law have involved transportation. The first really powerful administrative agency, the Interstate Commerce Commission, was created to regulate railroads and, later, interstate trucking. The Federal-Aid Highway Program, which can trace its roots to 1893, has been the largest federal grant program for much of this century. The statutory framework for this program, established by the Federal Road Act of 1916 and the Federal-Aid Highway Act of 1921, became the model for all federal grant programs. The Interstate system and other highway programs helped shape the great economic expansion that followed World War II. The effects of these vast new road systems were among the most important factors leading to the growth of modern environmental law in the 1960s and 1970s. In the years ahead, with the accelerating integration of new technology into the transportation system, further concurrent change in transportation and administrative law is inevitable.

scholarly journals Data Protection Impact Assessments as rule of law governance mechanisms

Data & Policy ◽  
2020 ◽  
Vol 2 ◽  
Author(s):  
Swee Leng Harris
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Data Processing ◽  
Case Studies ◽  
Rule Of Law ◽  
Data Protection ◽  
Environmental Law ◽  
Administrative Law ◽  
Automated Data Processing ◽  
Just Society

Abstract Rule of law principles are essential for a fair and just society and apply to government activities regardless of whether those activities are undertaken by a human or automated data processing. This article explores how Data Protection Impact Assessments (DPIAs) could provide a mechanism for improved rule of law governance of data processing systems developed and used by government for public purposes in civil and administrative areas. Applying rule of law principles to two case studies provides a sketch of the issues and concerns that this article’s proposals for DPIAs seek to address. The article undertakes comparative analysis to find relevant principles and concepts for governance of data processing systems, looking at human rights impact assessments, administrative law, and process rights in environmental law. Drawing on this comparative analysis to identify specific recommendations for DPIAs, the article offers guidance on how DPIAs could be used to strengthen the governance of data processing by government in rule of law terms.

Verwaltung zwischen Gestaltung, Transparenz und Kontrolle

2019 ◽  
Keyword(s):  
Public Participation ◽  
Public Administration ◽  
70Th Birthday ◽  
Environmental Law ◽  
Administrative Law ◽  
Public Law ◽  
Short Introduction ◽  
Philosophical Perspective ◽  
Procedural Law ◽  
Key Issues

The present volume combines contributions to the symposium on the occasion of Ulrich Ramsauer’s 70th birthday, acknowledging his activity in the fields of public law, especially environmental law and planning regulations, administrative procedural law and public administration, which has lasted more than 40 years. The contributions deal with key issues in the current discussion in administrative law: accelerated proceedings (Peter Wysk), public participation (Hans-Joachim Koch) and Europeanisation (Jörg Berkemann). In his introduction, Ivo Appel presents a short introduction to the concept of administrative legal science as a managing science. The contribution by Jochen Wagner offers an overarching thematic connection from a philosophical perspective, titled “Integration through friendship”. At the same time, he considers integration as one of the essential responsibilities of the state today.

scholarly journals IMPLIKASI POLITIK KEBIJAKAN HUKUM PIDANA DALAM UUPLH

2018 ◽  
Vol 25 (2) ◽  
pp. 147
Author(s):  
David Aprizon Putra
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Administrative Law ◽  
Political Elites ◽  
Political Choice ◽  
Environmental Laws ◽  
Set Up

Political Law is one of the discourses that control the existence of law.One of the realm of law that has recently received the spotlight and serious attention. Particularly related to the legal political option is the environment law that increasingly strong day include criminal law enforcement in law enforcement. There are some weak things that then have negative implications, against the enforcement of environmental laws related to the lack of cautious political choice. Since 1982 in Law No. 4 of 1982 on the Principles of Environmental Management which was changed in 1997 into Law No. 27 of 1997 on Environmental Management, the legal politics of criminal law policy has been conducted, that the criminal law policy in the realm of the environment is already a choice of legal politics in the realm of environmental law. Law Number 32 Year 2009 About PPLH as the latest generation, adds Chapter XV of the Criminal Code in its charge of 23 Articles. Law Number 32 Year 2009 contains a much more complete criminal provision than Law Number 23 Year 1997. Although there is still much to be fixed on the provisions of Law Number 32 Year 2009. Base on research shows that there are special procedural laws that regulate formal law enforcement. It is based on the principle of ultimum remedium which means that the implementation of the criminal law must wait until the effectiveness of administrative law is upheld. To minimize obstacles in enforcing environmental laws which are sometimes used by political elites to seek profit, formal laws against environmental crimes should be set up specifically with the Act.

Design and Development of the Environmental Protection Mobile Enforcement System

2014 ◽  
Vol 937 ◽  
pp. 526-530
Author(s):  
Ya Qiong Wang ◽  
Ying Jiong Zhao
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Internet Of Things ◽  
Environmental Protection ◽  
Environmental Law ◽  
Administrative Law ◽  
Shanxi Province ◽  
Environmental Status ◽  
Supervision And Management ◽  
And Function

With analyzing the environmental status of law enforcement and job demands, the environmental protection mobile enforcement system was developed based on Android platform and SOA architecture. Using this system, the ability of environmental law enforcement supervision and management was improved, and various environmental administrative law enforcement issues were solved under the limited environmental management resource. Taking Shanxi Province as an example, the environmental protection mobile enforcement system was designed and developed in term of data integration, sharing resources, standardize management and function expansion. This system can been connected to the environmental Internet of Things system which was proved practical.

The Evolution of Transnational Environmental Law: Four Cases in Historical Perspective

2012 ◽  
Vol 1 (1) ◽  
pp. 183-198 ◽  
Author(s):  
Peter H. Sand
Keyword(s):  
International Law ◽  
Marine Protected Areas ◽  
Environmental Law ◽  
River Pollution ◽  
Administrative Law ◽  
General Concept ◽  
Private International Law ◽  
Human Rights Law ◽  
Public International Law ◽  
Ocean Dumping

AbstractThis essay places transnational environmental law in an epistemological context. Starting from the general concept of ‘transnational law’ and the specific environmental dimension of ‘international administrative law’, four case histories are presented to illustrate the integrant approach of transnational environmental law. The cases – all arising in the1970s – deal with transboundary problems of aircraft noise, ocean dumping, river pollution, and marine protected areas. In addition to traditional aspects of public international law in the environmental field, they typically interface with questions of administrative law, private international law, criminal law, and human rights law. The essay advocates a new focus on mechanisms for participation by civil society in the operation and implementation of transnational environmental law.

scholarly journals Back to the future: Brexit, EIA and the challenge of environmental judicial review

2019 ◽  
Vol 21 (1) ◽  
pp. 6-20
Author(s):  
Maia Perraudeau
Keyword(s):  
Judicial Review ◽  
Environmental Law ◽  
Legal Culture ◽  
Case Law ◽  
Administrative Law ◽  
Environmental Legislation ◽  
Judicial Interpretation ◽  
Public Authorities ◽  
Environmental Decisions ◽  
The Eu

This article explores how legal culture influences judicial interpretation of environmental legislation, which in turn affects how effectively public authorities are legally held to account for environmental decisions. Analysis of initial case law from the UK’s transposition of the EU Environmental Impact Assessment Directive shows English administrative courts interpreting the directive so restrictively as to undermine the purpose of the legislation itself. It will be suggested that the political sensitivity and legal complexity of administrative law, combined with the legally challenging nature of environmental problems, contribute to a legal culture of narrow interpretation. In contrast, the purposive and effectiveness-orientated approach of EU legal culture facilitated the House of Lord’s later reinterpretation of the Directive, allowing increased judicial engagement in the challenge of environmental law. This article therefore contends that ensuring effective environmental law after Brexit will require a reframing of the legal culture of administrative law itself.

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