Download or read book Competition Law and Environmental Protection in Europe written by Hans Vedder and published by Europa Law Publishing. This book was released on 2003 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 6 of the EC Treaty requires an integration of environmental protection requirements into the European Community's policies. As a result environmental concerns must also be integrated into Community competition law and policy. Taking Article 6 EC as a starting point, this book begins with the construction of a model of integration. This model requires that environmental concerns are awarded a role that will ultimately result in the internalisation of environmental concerns and therefore lead to a mutually reinforcing relation between competition and environmental protection. After an examination of Articles 81, 82, 86 and 87 of the EC Treaty, the useful effect doctrine (Article 10 in connection with 81 EC) and the Merger Regulation as well as the application of these competition rules in cases that involve environmental protection concerns, some conclusions are drawn with regard to the integration of environmental protection requirements and EC competition law. These conclusions are followed by a comparative legal research in which their validity is tested. On the basis of these findings it is concluded that the model of integration is being applied in parts of EC competition law. In those areas, competition policy towards environmental restrictions of competition actually increases the chances of a competition for the environment coming about. This, it is submitted, is an important step in the direction of achieving sustainable development. About the author: Hans Vedder (1974) graduated from the University of Groningen in 1997. From 1998 to 2001 he worked as a researcher at the Centre for Environmental Law of the University of Amsterdam. Since 2001 he is lecturer in European law at the University of Groningen. He has published several articles and chapters in books on various aspects of competition and environmental law.
Download or read book Competition Law Climate Change Environmental Sustainability written by Simon Holmes and published by . This book was released on 2021 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The consensus is clear - climate change is the defining challenge of our time. Meeting this challenge requires a collaborative and inclusive response from all segments of society - including private businesses. What role then for competition law and policy? This important and timely book gathers academics, enforcers, economists, lawyers, and industry representatives to explore the applications and limitations of EU competition law in achieving environmental sustainability aims in line with the European Commission's Green Deal as well as the UN's Sustainable Development Goals. They identify the challenges of integrating environmental considerations into competition analysis presented by the existing framework, whether through cooperation by businesses, practices by dominant companies, or consideration of sustainability efficiencies in merger assessments. Practical examples across various sectors are also provided, alongside agency views from different jurisdictions, to illustrate how competition policy can facilitate a sustainable economy.
Download or read book Environmental Integration in Competition and Free Movement Laws written by Julian Nowag and published by Oxford University Press. This book was released on 2016-11-17 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Integration in Competition and Free-Movement Laws engages in a comprehensive analysis of the obligation of Article 11 TFEU (integration of environmental protection requirements) in the three core areas of EU internal market law: competition, state aid, and free movement. It develops a theoretical framework for integrating environmental and other policies and compares how environmental integration takes place within competition, state aid, and free movement law. In turn, it paves a way for a more transparent and consistent integration of environment protection in these three core areas of law. Structured in three parts, this volume (I) offers a detailed analysis of the historical development of environmental integration including discussions of the various intergovernmental conferences which led to a number of Treaty changes, shaping the obligation itself. (II) It investigates which provisions and concepts within competition law, state aid law, and the market freedoms can be interpreted in order to provide a clear demarcation of environmental protection and these areas of law. (III) It analyses how competition, state aid, and free movement law allow for a balancing of the environment against restrictions in cases of conflict.
Download or read book Greening EU Competition Law and Policy written by Suzanne Kingston and published by Cambridge University Press. This book was released on 2011-10-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the fundamental challenges currently facing the EU is that of reconciling its economic and environmental policies. Nevertheless, the role of environmental protection in EU competition law and policy has often been overlooked. Recent years have witnessed a shift in environmental regulation from reliance on command and control to an increased use of market-based environmental policy instruments such as environmental taxes, green subsidies, emissions trading and the encouragement of voluntary corporate green initiatives. By bringing the market into environmental policy, such instruments raise a host of issues that competition law must address. This interdisciplinary treatment of the interaction between these key EU policy areas challenges the view that EU competition policy is a special case, insulated from environmental concerns by the overriding efficiency imperative, and puts forward practical proposals for achieving genuine integration.
Download or read book EU Environmental Law and the Internal Market written by Nicolas de Sadeleer and published by OUP Oxford. This book was released on 2014-01-09 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some, a protectionist policy underlies most environmental measures. Lawyers working in the area of fundamental freedoms are very accustomed to discussing all issues within a free market framework and therefore often come to market-friendly decisions. Similarly, while environmental law has taken on a renewed intensity at European level, the tendency has been to analyse the subject rather narrowly, and studies fail to address the impact of environmental law on market integration. Written by one of the foremost experts in the area, the book challenges current thought and re-assesses the rules of economic integration within an environmental framework. In so doing, it bridges the gap between environmental and trade law and provides a systematic, robust, and practically workable analytical framework of the conflicts opposing rapidly evolving environmental and climate change measures and internal market as well as competition rules. The book is divided into three parts, beginning with a systematic and in-depth analysis of the key Treaty provisions regarding environmental protection, as well as an overview of secondary environmental law. Part two addresses the compatibility of EU and national environmental protection measures with the provisions of the TFEU on the free movement of goods and services, and the freedom of establishment. Part three examines the compatibility of environmental protection measures with treaty provisions on the freedom of competition and State aids. The book also includes discussion of all major cases handed down by the Court of Justice, highlighting the real impact of the conflicts.
Download or read book Global Competition and EU Environmental Policy written by Jonathan Golub and published by Routledge. This book was released on 1998-03-19 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to examine the relationship between economic competitiveness and environmental protection in European Union policy. It contains a wide range of international case studies.
Download or read book EU Environmental Law written by Geert Van Calster and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Environmental Law discusses the reality for legal practice throughout the EU, as environmental law of the Member States is becoming ever less 'national'. Consequentially European environmental regulation is becoming more complex and interrelated, making it an emerging field of study for European law graduates, and an area of increasing exposure to the legal profession. This book gives readers a thorough overview of core European environmental law, with a section on the basic framework and principles, as well as on substantive law issues giving insight into the legislation in the different sectors and the most topical developments.
Download or read book Boosting the Enforcement of EU Competition Law at the Domestic Level written by Anne Looijestijn-Clearie and published by Cambridge Scholars Publishing. This book was released on 2017-05-11 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the EU competition law rules in shaping the EU Internal Market can hardly be overstated. The EU substantive rules dealing with cartels, abuse of dominance and State aid have ensured, in the past decades, a much desired unity of the law applied in the diverse European markets. Yet, much of the success of the EU competition law provisions depends on its practical enforcement. The proliferation of competition law enforcement, especially since 2004, stands testimony in this respect. However, this has not come without challenges. In this context, this book aims to critically discuss certain key elements relating to the domestic enforcement of the said rules, in order to place the discussion of further boosting this enforcement exercise in the correct context. This book aims, in this respect, to find an answer to the following question: to what extent would boosting the domestic enforcement of the EU competition law rules aid the ambition of more forceful, better targeted and more resource-efficient EU competition law enforcement in the Internal Market? Topics such as the following are discussed in the contributions included in this book: the sufficiency of the enforcement toolbox of national competition authorities, the interaction between fundamental rights and competition law, and the duties of domestic bodies in this context.
Download or read book The Greening of European Business under EU Law written by Beate Sjåfjell and published by Routledge. This book was released on 2014-11-13 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.
Download or read book Ringing the Changes in Europe written by Adrienne Windhoff-Héritier and published by Walter de Gruyter. This book was released on 1996 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature of state activities is undergoing rapid transformation in Europe. The European Union exerts influence on state practices in member countries, which in their turn shape European policy. In short, the Joint supranational policy-making framework and the development towards an integrated market have provoked a mutual, ongoing process of transformation between member states and European institutions. The future of institutional and policy innovation is gradually taking shape. How and why is this change taking place in the European Union? What are the underlying mechanisms and motive forces and how do they affect European policy? How does European legislation influence policy content, institutions, and relations between the state and society in member countries? These questions are examined with reference to a specific regulatory area, clean-air policy, in the interaction between strategies in Britain, France and Germany.
Download or read book European Environmental Law written by J. H. Jans and published by . This book was released on 2000 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This leading monograph on European Environmental Law now completely updated and revised. Taking into account the changes of the 'Amsterdam Treaty', new case law of the Court of Justice and recent environmental directives and regulations. Prof. Jans acclaimed book provides an in-depth analysis of important legal issues of European environmental law. What are the legal grounds for EC environmental policy and on what principles are directives and regulations based upon? To what extent preclude EC environmental directives more stringent national environmental standards? What are the requirements the Court of Justice has imposed on the Member States implementing environmental directives? To what extent can European environmental law be relied upon and challenged before national courts and the Court of Justice? How do the Treaty rules on the Internal Market and undistorted competition interfere with national environmental policy? Answers to these questions can be found in prof. Jans' book. The book discusses all major environmental directives and regulations, integrating important judgments of the Court of Justice on their interpretation. Various national case law on the application of European environmental law is being taken into account. About the author: Prof. Jans (1956) teaches EU law at the Europa Instituut of the law faculty of the University of Amsterdam. He is a member of the Dutch Commission on Environmental Impact Assessment, Vice-Chairman of the Appeal Committee of the Dutch Cartel Authority, and honorory judge at the Assen District Court. He is also member of the editorial boards of the Journal of Environmental Law, SEW, Legal Issues of Economic Integration and The Columbia Journal of European Law.
Download or read book Environmental Contracts Comparative Approaches to Regulatory Innovation in the United States and Europe written by Eric W. Orts and published by Kluwer Law International B.V.. This book was released on 2001-03-20 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental regulation has come of age in recent decades as the blunt methods of command-and-control have been subjected to trenchant criticism from both economists and lawyers in the United States and Europe. As a result of this intellectual development, as well as continuing and increasing severity of environmental problems, there is a need for fresh thinking about regulatory methods that are rational from both economic and legal points of view. This book focuses on the viability of one particular regulatory innovation--the use of agreements or contracts for environmental regulation--as it has been practised in the United States and Europe. The various contributions explore the general idea that certain kinds of environmental problems may best be addressed through contracts among interested parties, including representatives of various levels of government, business, local community and employment representatives, and public interest groups. The parties get together to discuss a particular problem and then agree to an agreement or contract designed to address key issues and interests. At least in some situations, this approach may yield greater flexibility, stronger commitment, and more creative outcomes than traditional command-and-control regulation. Experiments in the use of environmental contracts have begun on both sides of the Atlantic, a fact which makes the comparative study offered here especially timely and valuable.
Download or read book Regulating Europe written by Giandomenico Majone and published by Routledge. This book was released on 2002-11 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book European Environmental Law written by Jan Jans and published by Springer. This book was released on 1995 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Environmental Law discusses a number of questions arising in connection with the relationship between European law and national environmental law, such as the legal basis of European environmental law, its transposition and implementation in the national legal orders, the relationship between environmental law and the internal market. The final chapter surveys the most important EC legislation on the environment. Audience: Lawyers interested in the European dimension of environmental law.
Download or read book Competition Law Environmental Policy and Producer Responsibility written by Hans Vedder and published by ISBS. This book was released on 2002 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proposed Directive on waste electrical and electronical equipment envisages a producer responsibility. This means that producers and importers will be made responsible for the collection and recycling of these products once they have reached the end of their life. Similar legislation in the Netherlands has resulted in a collective producer responsibility organisation funded by a disposal fee. The establishment of such collective organisations is encouraged by environmental legislation. However, competition law is critical of such co-operation particularly with regard to the disposal fee that is to be passed on to consumers. This study examines the environmental and competition law applicable to producer responsibility organisations. In this regard, the experiences in the Netherlands and a number of other European countries have been studied. It comes to the conclusion that competition law and environmental law may not pull in the same direction. The study suggests a number of possible solutions for the conflict between environmental and competition law in this field. About the author: Hans Vedder (1974) graduated from the University of Groningen in 1997. From 1998 to 2001 he worked as a researcher with the Centre for Environmental Law of the University of Amsterdam. Since 2001 he is lecturer in European law with the University of Groningen. He has published several articles and chapters in books on various aspects of competition and environmental law.
Download or read book European Perspectives on Environmental Law and Governance written by Suzanne Kingston and published by Routledge. This book was released on 2013 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a range of perspectives from some of the leading environmental academics and practitioners active in Europe today on some of the most pressing contemporary challenges in EU environmental law and governance. The book considers issues such as climate change, the challenge of integrating environmental considerations into other policy areas, and improving environmental enforcement within the EU. The book contains contributions from experts in the field including Mary Robinson, Alan Boyle, Ludwig Kramer and Liam Cashman, and will be of interest to academics, students and practitioners of EU environmental law.
Download or read book Deregulation in the European Union written by Ute Collier and published by Psychology Press. This book was released on 1998 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume has its roots in a workshop on Deregulation and the Environment, organised by the Working Group on Environmental Studies (WGES) of the European University Institute in Florence in May 1996"--P. x.
