Article 130 of the EC Treaty encompasses two key elements of modern European lawintegration and environmental protection. Understanding how these policies work together at the national level provides an important insight into both the process of implementation of European laws and the ever-increasing impact of environmental rules and regulation on national laws. In this focused collection of articles from leading European legal experts, the question of how effectively these vital elements have been adopted in the UK is analysed in detail. The analysis unearths a clear consensus of opinion that European environmental policies cannot be viewed in a vacuum. The development of this area of law must be addressed in a wider contextits relationship with co-existing European policies such as trade, free movement, public health and practical remedies. The Impact of EC Environmental Law in the United Kingdom assesses key questions:
- has the UK been effective in implementing European legislation?
- are adequate enforcement procedures in place?
- has existing UK law been able to influence environmental legislation emanating from Brussels across the whole of the European Union?
- can potentially conflicting policies such as free movement and environmental law work in harmonyas highlighted by the recent BSE crisis?
About the Author
Dr Jane Holder is Co-Director at the Centre for the Law of the European Union at University College London.
Table of Contents
Foreword: Judge David Edward.
Cases by Country.
Cases Before the European Court.
Acts by Country.
Statutory Instruments (UK).
European Treatise and Annexed Acts.
EC Recommendations and Resolutions.
EC Proposed Legislation.
International Agreements and Conventions.
Introduction (J. Holder).
Recent Developments in EC Environmental Law (L. Krämer).
The Enforcement of EC Environmental Law Against Member States (R. Macrory and R. Purdy).
Community Rights in Environmental Law : Rhetoric or Reality (C. Hilson)?
The Impact of EC Law on the Environmental Law od Northern Ireland (K. Morrow and S. Turner).
PRINCIPLES OF EC ENVIRONMENTAL LAW IN THE UNITED KINGDOM.
The Impact of Subsidiarity (D. Freestone and H. Somsen).
Proportionality and Environmental Protection in EC Law (O. McIntyre).
Safe Science? The Precautionary Principle in UK Environmental Law (J. Holder).
REGULATION IN PRATICE I: POLLUTION CONTROL.
Testing the Extended Gatekeeper: The Law, Practice and Politics of Implementing the Drinking Water Directive in the United Kingdom (I. Bache and D. McGillivray).
The Impact of EC Environmental Law on Law and Practice Relating to Marine and Coastal Waters (L. Warren).
The Impact of EC Law on Noise Law in the United Kingdom (F. McManus and T. Burns).
REGULATION IN PRACTICE II: NATURE CONSERVATION.
Nature Conservation Law (C. Reid).
Has the UK Government Implemented the Habitats Directive Properly (S. Ball)?
REGULATION IN PRACTICE III: LAND USE.
The Impact of EC Environmental Law on Planning Law in the United Kingdom (M. Purdue).
Environmental Impact Assessment: Has it had an Impact (J. Zetter).
From Environmental Impact Assessment to Strategic Environmental Assessment: Sustainability and Decision-Making (W. Sheate).
Free Movement of Goods and the Environment (L. Gprmley).
Crated Calves and Crazy Cows: Live Animals and Free Movement of Goods (S. Elworthy).
From Rio to Inverness: Environment and Development in the Highlands and Islands 'Objective 1' Enterprise Area (J. Scott).
Addendum to Chapter 3.
Appendix 1: Failure to Notify.
Appendix 2: Conformity of National Implementing Measures.
Appendix 3: Incorrect Application of Directives.
Appendix 4: Environmental Assessment: Statutory Instruments and Other Documents.