|| LAM1720 |
|| ENVIRONMENTAL LAW AND INTEGRATION IN EUROPE |
|| 2001/2002 |
|| Ms Bettina Lange |
|| Semester 1 |
| Course delivery
|| Seminar || 2 Hours |
|| Seminar presentation || || 20% |
|| Essay || One essay of 5000-6000 words Topic chosen by the student and agreed with the module tutor || 80% |
This module examines EC environmental law and policy. It pursues three key themes. First, the module discusses
how EC law and policy deal with the potential conflict between free trade and environmental protection. Can economic and
environmental objectives be reconciled in the Single Market? Second, the different types of regulation which inform EC
environmental law are discussed. What are the advantages of ''economic incentive'' type regulation in comparison to traditional
''command and control'' approaches? The third theme examined in this course is the relationship between EC and national
environmental law. EC environmental law can be directly effective in the legal systems of the various Member States. This
raises interesting and difficult questions as to how conflicts between EC and national environmental law should be resolved.
What happens if a particularly ''green'' Member State wants to pursue environmental policies that are stricter than the EC rules
on the subject?
This module aims, firstly, to impart knowledge about both general and substantive areas of EC environmental law and policy.
A second important aim is to develop students'' abilities of critical and independent inquiry. This module is not
just concerned with providing information about EC environmental law and policy but it inquires whether and how legal
rules help to realize policy aims and how appropriate some of the policies are.
1. Introduction to the course and introduction to basic aspects of the European Union
2. The main aim of EC environmental policy: sustainability
3. Tools of EC environmental regulation: Economic incentives and traditional ''command and control'' regulation
4. The process of creating EC environmental law
5. The relationship between EC and national legislation, where EC and national legislation co-exist
6. The relationship between EC and national legislation where there is no EC legislation: the case law of the European Court of
Justice on Art. 28 and 30 EC Treaty
7. Air Pollution and Integrated Pollution Prevention and Control (I)
8. Air Pollution and Integrated Pollution Prevention and Control (II)
9. EC Waste Management Law and Policy
10. Enforcement of EC Environmental Law and Policy I
11. Enforcement of EC Environmental Law and Policy II
Kramer, Ludwig; 1998,.
E.C. Treaty and Environmental Law',. 3rd. London, Sweet and Maxwell
Scott, Joanne; 1998,.
EC Environmental Law',. 1st. London, Longman
Reading from specialist texts & journals will be recommended in seminar reading lists.