Publication details

Critical Reflections to Environmental Liability Directive Implementation in EU Member States

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Year of publication 2013
Type Article in Proceedings
Conference Journal of International Scientific Publications
MU Faculty or unit

Faculty of Law

Field Law sciences
Keywords environmental liability; Environmental Liability Directive; EU environmental law; Czech
Description Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to prevention and remedying of environmental damage (ELD) entered into force on 30 April 2004. The EU Member States had three years to transpose the Directive into national law. Some Member States had serious difficulties with its transposition and that is why the transposition of ELD was completed by the last Member State by July 2010. Stakeholder and Practitioner Workshop organized by the Commission on the implementation of the ELD at the end of 2011 confirmed the fact that Directive is not applied very often and that there are some Member States without any experience in application of environmental lability law in practice. This contribution is focused on anticipated obstacles and difficulties in ELD implementation in EU Memeber States, using the example of the Czech Republic. It is aimed at pointing out some reasons having diminishing effect on application of environmental liability legislation; namely the reasons such as existing legal framework, need to adopt ELD, lability for illegal behavior v. permitted activity, financial security requirements, liability for environmental damage in case of insolvency, unclear and complicated definitions, limitation to „new environmental damage“ and type and scope of preventive and remedial measures are analyzed.
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