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Review

02 April 2024

Mapping the (in)Effective Enforcement of EU Environmental Law in Greece: Lessons from the EU and Domestic Courts

The effective implementation and enforcement of EU environmental law at national level constitutes a thorny issue with both legal and practical aspects. Greece is among the EU Member States which has historically faced difficulties in complying with the EU environmental acquis due to the poor functioning of the Greek administration, the limited manpower, expertise and resources (especially during the recent period of the economic crisis) for the competent authorities, the lack of political will, the low awareness of environmental problems. In this context, this paper aspires to unpack these enforcement challenges at the national level based on the case law of both the Greek Council of State and the Court of Justice of the European Union. Considering that waste management, nature protection, and water and air quality sectors are recognized as areas with the most significant deficiencies in implementation at the domestic level, the analysis will focus on these four key sectors.  To this end, by reviewing the relevant EU and Greek jurisprudence, this paper aspires to identify the disparities between the formal requirements and the practical application of EU environmental regulations in Greece in light of the national political, economic, social, and cultural dynamics. 

Keywords: Compliance; Biodiversity; Water; Waste; Air pollution; EU green deal; Environmental law; Greece; Case law

Article

01 September 2023

The Priority of Nature-based over Engineered Negative Emission Technologies: Locating BECCS and DACCS within the Hierarchy of International Climate Law

Drastically reducing emissions is essential to achieve the Paris Agreement’s (PA) goal of keeping global temperature well below 2 °C, ideally at 1.5 °C. With regard to residual emissions, however, a demand for negative emission technologies (NETs), also known as carbon dioxide removal (CDR), remains. NETs are particularly necessary to reach net-zero goals by offsetting emissions in hard-to-abate sectors. This article examines the distinction between “engineered” and “nature-based” removals from the perspective of international climate change law. To that end, the relevant legal norms in the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol (KP), and the PA are interpreted—with a particular emphasis on two engineered removals: bioenergy with carbon capture and storage (BECCS) and direct air carbon capture and storage (DACCS). We posit that the three treaties establish a normative hierarchy that is more favorable towards so-called nature-based removals and less favorable to engineered removals (and even more favorable towards emission reductions).

Keywords: Climate law; Environmental law; Negative emission technologies; BECCS; DACCS; Paris Agreement; UNFCCC; Climate change

Article

22 May 2023

Private Property and Public Commons: Narrowing the gap

Private property and public commons each represent strongly felt concepts of society but in very different ways. While the protection of private property is at the heart of the capitalist system and deeply embedded in our laws, the protection of the public commons is a mere subset of government policies and often lacks firm regulations. Critically, natural commons such as air, water, biodiversity, and a habitable earth, are hardly protected at all. Environmental laws regulate use and protection of natural “resources” in a strict instrumental fashion, ignoring the intrinsic value of Nature and take Earth’s ecological systems for granted. This article traces the “hidden logic” of environmental law and explores some of the history of property and the commons in the European context. It then shows the fundamental importance of ecological integrity for all efforts towards sustainable societies. The overall thesis is that property and commons must be based on ecological sustainability as a fundamental norm of law.

Keywords: Property; Commons; Environmental law; Ecological sustainability; Grundnorm
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