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Your search keyword '"*ENVIRONMENTAL policy"' showing total 1 results
Start Over Descriptor "*ENVIRONMENTAL policy" Topic liability for environmental damages Publication Year Range Last 50 years Journal european environmental law review Region european union countries Publisher wolters kluwer legal & regulatory
1 results on '"*ENVIRONMENTAL policy"'

1. Subsidiarity- A conventional industry defence Is the Directive on Environmental Liability with regard to Prevention and Remedying of Environmental Damage justified under the subsidiarity principle?

Author

Farnsworth, Nick

Subjects
*LIABILITY for environmental damages, *ENVIRONMENTAL law, *ENVIRONMENTAL policy, *ENVIRONMENTAL protection
Abstract

Is the "Directive on Environmental Liability with regard to prevention and remedying of environmental damage" justified under the subsidiarity principle? This article examines the pros and cons of arguments submitted by recognised lawyers, non-governmental organisations and industry on the one hand to show whether the agreed Directive complies with the principles of subsidiarity as set out in the Treaty establishing the European Community (ECT) but on the other that the Community institutions have failed in their duty to adequately observe the application of the subsidiarity principle. The author draw two conclusions: the subsidiarity principle remains a "dynamic concept" and the Commission, Parliament and Council have collectively failed to acquit themselves of their duty to justify the Directive. [ABSTRACT FROM AUTHOR]

Published
2004

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