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Abstract

This article explores how the conflict between the interests of protecting water quality in the coastal waters of the Baltic Sea from nutrient emissions on one hand, and supporting blue growth in the aquaculture sector on the other, has played out in the Nordic legal systems and industry practice. It does so by reviewing the legal and industrial developments in Sweden, Denmark, Finland and the Åland Islands with a focus on interpretation and application of the common EU regulatory framework, mainly the Water Framework Directive and the ecj Weser ruling, and the response from the aquaculture sector. The study shows that the four studied jurisdictions have taken disparate regulatory approaches in balancing ecological status of waters and blue growth. As a consequence of these legal developments, the aquaculture industry faces difficulty in attaining required permits for their operations in all four jurisdictions and significant uncertainty on how to develop the sector to meet the set growth objectives has arisen.

Open Access
In: Journal for European Environmental & Planning Law
In: Journal for European Environmental & Planning Law
In: Journal for European Environmental & Planning Law

Abstract

Residents of self-governing communities, organized in formalized structures, often express the need to articulate their own interests and views or to have influence over the content of adopted legal solutions. They are ready to get involved in public matters and collaborate with local government units in regulating affairs that are important to a given local or regional community. Without a doubt, the issue of spatial planning and development falls under this category. The legislator obliged competent bodies to safeguard public participation in works on the study of conditions and directions of spatial development of a municipality, a local spatial development plan and a voivodship spatial development plan. The aim of this paper is to analyse the applicable legal solutions as guarantees of public participation in the planning procedure. Moreover, it provides a basis for assessing real possibilities of participation of residents of local government units in the process of passing planning acts and of real influence over their content.

In: Journal for European Environmental & Planning Law
Author: Ludwig Krämer

Abstract

The contribution concentrates on the fight against invasive alien species within the European Union (EU), which groups 27 States. In 2014, the EU adopted a regulation to identify and manage invasive alien species. This regulation and its monitoring are discussed in detail, in order to see, what lessons can be learnt from the cooperation and concertation of the different states.

In: Journal for European Environmental & Planning Law

Abstract

The article provides a concise overview of the origins of modern environmental law in Europe based on general historical studies or the legal studies dealing with the history of environmental law in particular European regions or countries. It presents historical development of the two fundamental branches of environmental law, namely nature conservation and pollution control, first at the medieval times and then as a consequence of Industrial Revolution. The article presents the legal instruments and concepts invented in the past in the light of the instruments and concepts used in the current European legislation. In this context it attempts to show that some of the contemporary concepts and many of currently used legal instruments of environmental policy are not the modern invention and have the roots in some older concepts and instruments invented already long time ago in some national legislations in Europe. In conclusion the article claims that while the global challenges brought about by the climate change require politicians to seek a new, more comprehensive, approach to environmental policy and law – some lessons learned from the past experience may be useful.

In: Journal for European Environmental & Planning Law
In: Investment Governance between the Energy Charter Treaty and the European Union
In: Investment Governance between the Energy Charter Treaty and the European Union