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Discussions on Directive 2004/35 Concerning Envi ronmental Liability

Discussions on Directive 2004/35 Concerning Envi ronmental Liability 250 Discussions on Directive 2004/35 Concerning Envi ronmental Liability Ludwig Kramer* Directive 2004/35 on environmental liability with regard to the prevention and remedying of environ- mental damage which will have to be transposed into national law by April 2007, constitutes the pro- visional end to some thirty years of discussions on liability at EC level. The present contribution will not retrace all the details of this discussion, as much of it has already passed into history. Rather, it will look into some features which seem, to me, of rele- vance, in order to understand the present approach chosen by the EC, and of interest for the discussions which will inevitably come up during the next years. Therefore, the evolution of the Directive's public law approach will be discussed (1.), followed by some considerations on the polluter-pays principle which is so strongly emphasised (IL).The third section will deal with some considerations on damage caused by genetically modified products (IlL). Finally, there will be some reflections on the transposition of Directive 2004/35 into national law, illustrated by the draft legislation which the Spanish authorities made public in order to start a discussion (IV). I. The public law approach Directive 2004/35 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal for European Environmental & Planning Law Brill

Discussions on Directive 2004/35 Concerning Envi ronmental Liability

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Publisher
Brill
Copyright
© 2005 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1613-7272
eISSN
1876-0104
DOI
10.1163/187601005X00020
Publisher site
See Article on Publisher Site

Abstract

250 Discussions on Directive 2004/35 Concerning Envi ronmental Liability Ludwig Kramer* Directive 2004/35 on environmental liability with regard to the prevention and remedying of environ- mental damage which will have to be transposed into national law by April 2007, constitutes the pro- visional end to some thirty years of discussions on liability at EC level. The present contribution will not retrace all the details of this discussion, as much of it has already passed into history. Rather, it will look into some features which seem, to me, of rele- vance, in order to understand the present approach chosen by the EC, and of interest for the discussions which will inevitably come up during the next years. Therefore, the evolution of the Directive's public law approach will be discussed (1.), followed by some considerations on the polluter-pays principle which is so strongly emphasised (IL).The third section will deal with some considerations on damage caused by genetically modified products (IlL). Finally, there will be some reflections on the transposition of Directive 2004/35 into national law, illustrated by the draft legislation which the Spanish authorities made public in order to start a discussion (IV). I. The public law approach Directive 2004/35

Journal

Journal for European Environmental & Planning LawBrill

Published: Jan 1, 2005

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