bluuebunny/crossref_metadata_2025 huggingface dataset:
Towards a lus Commune in Public Environmental Law? Report on the Conference on Comparative Environmental Law in the European Union, Maastricht 1213 June 1997
Authors: Seerden René J.G.H.
Published: April 2022

The Maastricht project on comparative environmental law; the conference of June 1997 and the work "Comparative Environmental Law in Europe"; similarities and differences in the laws of the Member States; a ius commune?; trends and developments in the Member States; Workshop 1: Public participation, administrative appeals and judicial review (freedom of information; strict participation; locus standi; NIMBY); Workshop 2: Instruments of public environmental law (the introduction of indirect instruments and instruments of self-regulation; action programmes; implementation) ; Workshop 3: Enforcement (sanctions; standing); overall conclusions that structural approaches should be identified; that further research is necessary; that a valuable start has been made, including identifying shared themes and differences.
Recent Developments on Access to Environmental Information: Transparency in Decision-Making
Authors: Jnnssen Jos
Published: April 2022

Directive 90/313 on access to information relating to the environment and The Code of Conduct on Public Access to Council and Commission documents - aims and structure; scope; procedures; exceptions; administrative and judicial review; comparison between the Directive and the Code of Conduct; interpretation by the Court of First Instance and the European Court of Justice; the adoption of similar rules by other institutions following an owninitiative inquiry by the European Ombudsman.
The Gabcikovo-Nagymaros Case: A Step Forward for Environmental Considerations in the Joint Development of Transboundary Resources?
Authors: Botchway Francis Nii
Published: April 2022

The agreement between Czechoslovakia and Hungary for construction works on both sides of the River Danube; abandonment of the project by Hungary and implementation of an alternative project by Czechoslovakia. Decision of the International Court of Justice that abandonment of the project could not be justified on the grounds of ecological necessity and that Czechoslovakia violated its agreement with Hungary by implementing its alternative scheme. The political context - the demise of communism and the growth of environmentalism, particularly in Hungary; the principle that change in the system of political governance alone is insufficient to invalidate treaty obligations. Whether the doctrine of frustration or force majeure could have been invoked The environmental arguments raised by Hungary and the increasing consideration given to them; whether recent environmental insights could be incorporated retroactively into the treaty, the court's position apparently indicating that this could be so. International law on joint developments - two conflicting positions.
Carbon Dioxide Emissions and Cars: An Environmental Agreement at EU Level
Authors: Bongaerts Jan C.
Published: April 2022

The EU's commitment to reducing carbon dioxide emissions and its "three pillars" strategy. The environmental agreement entered into with the European Automobile Manufacturers Association (ACEA); execution of the agreement; its contents; assessment by the Commission; the position of nonmembers of ACEA. Intermediate evaluation of the agreement. Reasons for adopting an environmental agreement rather than formulating legislation-uncertainty about the relative success of different technological measures, changes in marketing mix and keeping the global playing field level Conclusion that "the challenge will consist in putting the agreement into practice".
Transport and the Environment: The Ugly Face of the Internal Market
Authors: Wiers Jochem
Published: April 2022

The links between, on the one hand, the internal market and the growth in transport, and, on the other, between increased transport and greater environmental problems. A survey of European Union policy initiatives and proposals for legislation concerning the relationship between transport and the environment - the Treaty provisions, Council conclusions, secondary legislation and other instruments. An overview of three important policy issues - transport and C02, inter modality, and efficient transport pricing. Conclusion that despite the many strategy papers, the Council "does not seem to be in much of a hurry to take action to mitigate environmental problems caused by transport, let alone to stimulate the structural changes that appear necessary"
Environmental Crime in the United Kingdom
Authors: Watson Michael
Published: April 2022

Summary: In the United Kingdom, degrading the environment has traditionally been regarded as a form of criminal activity. Although regulatory bodies usually seek voluntary compliance with the law, they rely ultimately on the threat of prosecution. Environmental offences may have some unique features -- but they are still seen as crimes. In many European countries, civil and administrative sanctions are widely used by environmental agencies. This is not the case in the United Kingdom. There is growing support for the increased use of non-criminal sanctions. This article examines these issues. It concludes that environmental crime is often fundamentally criminal in the traditional sense.
The German Packaging Ordinance: A Lost Ca(u)se?
Authors: Gertz Renate
Published: April 2022

This paper provides an analysis of the German Packaging Ordinance of 1991 and its effects, focussing particularly on two cases concerning the legislation brought before the European Court of Justice. An historical overview of the development of the legislation is provided; the two European Court cases and the resulting judgments are introduced; and the governmental and academic reactions to these judgments are discussed to establish whether the rulings are either ambiguous or provide clear guidance for the German Government.
Receivers’ Liability for Contamination in the UK
Authors: Crowhurst Georgina
Published: April 2022

This article provides guidance on non-administrative receivers’ liability for contamination, including contaminated land, water pollution, escapes of hazardous substances and management asbestos in the UK. Statutory and common law liabilities are critically assessed.In England and Wales receivers have statutory duties under the Environmental Protection Act 1990 (Part IIA) in respect of contaminated land.Regarding liability for the remediation of contaminated land, a receiver is personally liable only for acts and omissions that it is unreasonable for a person acting as a receiver to do or make (Environmental Protection Act 1990, s.78X(3)).A receiver will usually expect to be indemnified by the mortgagee for any liability for unreasonable acts and omissions in relation to contaminated land. However, in the absence of indemnification, appropriate insurance cover may be available.Insurance should be considered because although receivers have a limited liability under the contaminated land regime (Environmental Protection Act 1990, Part IIA), environmental claims could also occur under the Water Resources Act 1991 or common law.
Breathing Life into the Carbon Market: Legal Frameworks of Emissions Trading in Europe
Authors: Upston-Hooper Karl , Anttonen Karoliina , Mehling Michael
Published: April 2022

Directive 2003/87/EC establishes a scheme for “greenhouse gas emission allowance trading within the Community in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner.” Given its adoption as a directive, the achievement of this mandate largely depends on the domestic implementation by Member States, and in particular on the creation of a functional carbon market enabling the price mechanism to signal investment decisions throughout Europe. Unlike many other commodities, however, emission allowances are a legal construct, and the legal frameworks reifying them are of crucial importance. Domestic regulation of taxation, financial services, insolvency, and accounting issues, to name but a few, all hold the potential to compromise the development of a liquid market. Based on an extensive survey of the implementing legislation adopted in Finland, Germany, Sweden, and the United Kingdom, this article identifies some of the main challenges faced by the Member States in the evolving carbon market, highlighting aspects whose treatment differs and may lead to conflicts or inconsistencies.
The Groundwater Daughter Directive: A UK Perspective
Authors: Crowhurst Georgina
Published: April 2022

This article analyses the new Groundwater Daughter Directive (Directive 2006/118/EC) from a UK perspective; explaining its implications for the UK and the progress to date. The article covers:

? the relationship between the Groundwater Daughter Directive and the Water Framework Directive

? the three pillars of the Groundwater Daughter Directive

? pollution of groundwater

? good groundwater chemical status

? deterioration of groundwater

? the scheme of the Directive

? the Groundwater (Water Framework Directive) Direction 2006

? groundwater quality standards

? threshold values

? the procedure for assessing groundwater chemical status

? identification of significant and sustained upwards trends

? trend reversal

? the UK’s Hydrological Protection Zones, Source Protection Zones, and Nitrate Vulnerable Zones and

? the UK’s latest Regulatory Impact Assessment on groundwater proposals.
Sewage as Waste: Implications for the UK Water Industry of the ECJ’s Ruling on the Application of the Waste Framework Directive to Sewage
Authors: Lee Robert
Published: April 2022

Summary: The ECJ has handed down judgment in the case of R (Thames Water Utilities) v South East London Division, Bromley Magistrates’ Court (Case C-252/05) (10 May 2007). The ECJ has decided that sewage that leaks from a waste water collection system is in principle “waste” for the purposes of the European Waste Framework Directive (WFD). The case has been referred back to the High Court in England on one point which will now be critical in deciding whether or not leaking pipes expose sewerage undertakers to the threat of criminal sanctions. This article examines the basis for the decision, the chances of the High Court finding an escape route for undertakers and the wide-ranging implications for water and sewerage companies, sewerage customers and the Environment Agency if they do not do so. It will consider also how the Government might resolve the issue by amending national water law.
European Soil Protection Law after the Setback of December 2007 – Existing Law and Outlook
Authors: Petersen Malte
Published: April 2022

In September 2006 the European Commission adopted a comprehensive EU strategy dedicated to soil protection and a directive proposal establishing a framework for the protection of soil. However, on 20 December 2007 – approximately one year after this progressive approach – EU Environment Ministers were unable to reach an agreement in the Environment Council because the proposed directive was blocked by five Member States. This setback has launched a heated discussion and raises the question if the prospect of common European soil protection legislation has been put on hold indefinitely. On the one hand, this contribution reviews the reasons for the failure of the proposal and in particular the requirements of the principle of subsidiarity. Thus, it will examine whether there are basic legal obstacles for further attempts to establish a coherent European soil protection law. On the other hand, this contribution aims to cast a positive light on the present community rules which are directly or indirectly related to the protection of soil. In doing so it will be shown that there already is a remarkable set of provisions and policies in place – and even a specific approach in the Environmental Liability Directive – covering soil protection.
Implications of a Carbon Ratings Agency on the European Union Exchange Trading Scheme
Authors: Yeoh Peter
Published: April 2022

Carbon trading under the Kyoto Protocol expanded further through the EU Emissions Trading Scheme (EU ETS). The EU ETS is a cap and trade system where EU allowances are usable for complying with emission caps or sold to the market. The scheme is also linked to the UN carbon markets. This means the allowing of more permits to enter into the system. The EU ETS is designed to achieve the overall EU emissions reduction objective at comparatively lower costs. Despite the problems of over–allocation, the first phase from 2005 to 2007 managed to establish the development of various spot, futures, and options markets for the trading of EU allowances. The EU Commission has implemented measures to deal with the problem of over–allocation. Currently, The Carbon Rating Agency (TCRA) is launched to assist in the setting–up of a clearer relationship between carbon price and delivery risk to enable the carbon market to mature. This paper draws on insights of the more established but reasonably comparable credit rating agencies (CRAs) to assess implications of TCRA to the second phase development of the EU ETS.
A Grand Bargain or an “Incomplete Contract”? European Union Environmental Policy after the Lisbon Treaty
Authors: Jordan Andrew , Benson David
Published: April 2022

In this article we analyse the provisions of the European Union (EU) Lisbon (Reform) Treaty and try to predict their future impacts on EU environmental governance. The Treaty could, if and when ratified, introduce changes to the EU’s general principles and objectives, competences, institutions and policy procedures that may have a significant bearing on future patterns of environmental law and policy–making in the EU. But previous experience suggests that Treaty amendments tend to be “obligationally incomplete”, that is subject to extensive post–treaty interpretation and contestation. Consequently, it may take many years for the full impacts of the new Treaty to reveal themselves should ratification ever be completed.
The Long Arm of REACH: How to Navigate Through the Compliance Process
Authors: Forbes Reshad
Published: April 2022

It is no exaggeration to state that the REACH Regulation1 has revolutionised the way in which environmental law has been formulated and is to be applied in the European Union. The Regulation itself entered into force on 1 June 2007, although its key requirements on economic operators kicked in one year later, with several obligations rolling out in a phased fashion from then on. The legislation’s application, as well as its contents, are certainly far– reaching (as the name suggests): the Regulation covered an incredible 849 pages when first published,2 on 30 December 2006, with thousands more pages of official guidance following on since then. It applies, potentially, to all manufacturers and importers of chemicals, mixtures of chemicals (preparations) and several types of chemical–containing articles, traded in the European Union. While it would be far too ambitious a project to cover every aspect of the REACH Regulation in an article such as this, even in summary form, the author has chosen certain aspects of it which are likely to be of particular interest to businesses that might be affected by the legislation’s myriad provisions. The author has therefore set out some of the main obligations on businesses under the legislation, including obligations on articles manufacturers and the various information obligations, while also highlighting the exemptions, for those lucky enough to be able to legitimately avoid some or even all of the stringent requirements. There is also an element of timeliness, as the European Chemicals Agency (ECHA) is gearing up to establish and issue a final list of substances that have already been pre–registered by legal entities, so as to pave the way for the creation of so–called Substance Information Exchange Forums (SIEFs), where entities will have to gather together and exchange as well as assemble data on their substance(s) of interest. The article therefore, among other topics, focuses on the requirements of and workings within such SIEFs, while also dealing with a possible and very serious risk of SIEF participation, namely that of breaching competition law, and how to validly refrain from doing this. Finally, the article considers the compatibility of the REACH legislation with the EU’s World Trade Organization (WTO) commitments, and whether there could be potential for an action, by other WTO Members, against the EU for imposing such burdensome requirements on their exporting industries.
“Unbundling”, “Reciprocity” and the European Internal Energy Market: WTO Consistency and Broader Implications for Europe
Authors: van Hoorn Victor
Published: April 2022

The aim of this paper is to focus on the now famous third country “reciprocity” clause included within the 3rd energy package proposed by the European Commission in September 2007. The purpose of the clause is to limit the control of “strategic” gas pipelines by third country undertakings. We will first examine the clause within the context of the 3rd package and the numerous policy papers published by the European Commission in the last two years, focussing on the link between “unbundling”, “reciprocity” and the concept of “security of supply”. Secondly we will examine the consistency of the clause with the WTO disciplines and more specifically the General Agreement on Trade in Services (GATS). The clause as it now stands will have important consequences on the gas transportation and distribution services within the European Union. Finally, we will try to see whether “reciprocity” is really within the European Union’s best interest, focussing on the potentially conflicting European Energy Policy and the Russian policy concerning gas.
Alternative Financial Guarantees for Environmental Liabilities under the ELD
Authors: Bocken Hubert
Published: April 2022

This article investigates which financial mechanisms other than liability insurance can be used to guarantee the discharge of the obligations of operators liable under the EC Environmental Liability Directive (ELD). In a first part, we examine the potential and the limitations of liability insurance for satisfying the objectives of the ELD and conclude that, at least in the short term, there is a need for alternative mechanisms. We describe the way alternative financial guarantees are presently used in international and domestic environmental liability legislation (I). Next, we study the financial security provisions of the ELD and their implementation by the member states (II). In a third part, we establish a typology of alternative security mechanisms and illustrate it with examples from domestic and international environmental liability legislation. We evaluate the various systems in the light of criteria which we have established on the basis of the text and policy objectives of the ELD (III).
The Liberalization Process and Third Party Access in the Electricity Network in Greece and the UK
Authors: Nikolaou Konstantinos
Published: April 2022

It is almost impossible to talk about liberalization of the electricity markets in Europe without at the same time considering Third Party Access to the grid. The latter, in fact, determines the degree of liberalization. This article argues that the key point in the liberalization process is to assure that consumers have a real choice of supplier and not just a legal one. Consequently, the effective exercise of the right of access to the electricity network is paramount. This article reviews liberalization of the Greek and British electricity markets. It goes through the different practices that the two Member States have employed so as to introduce competition in their national energy markets and it examines whether these practices have facilitated or impeded the Third Party Access to the electricity network, hence if they have contributed to the opening of the relevant markets.
Making Environmental Principles Work under the Common Fisheries Policy
Authors: Markus Till
Published: April 2022

In April 2009, the European Commission published a Green Paper on the Reform of the Common Fisheries Policy. The Green Paper reinforces the Community’s commitment to sustainable, precautionary and ecosystem-based fisheries management principles. However, such a commitment already exists under the present Community fisheries regime and has not saved fish stocks from being alarmingly overfished. This article assesses the legal status and the content of these environmental principles under Community law and the implications they have for the CFP management system. Given past CFP management failures, it outlines how these principles should be designed de lege ferenda in order to make them more effective. Environmental principles must be granted legal effect if such principles are to guide political and administrative decisions under the CFP. They must guarantee definite exploitation limits and establish concrete obligations that guarantee protection of stocks within ecologically meaningful boundaries. In addition, such principles must become judicially reviewable by the Court of Justice. This would ultimately require the Council to limit its own discretion with regards to setting exploitation limits, and grant environmental groups standing before Community courts to challenge fisheries legislation in the interest of environmental protection.
Implementation of the Aarhus Convention in Serbia
Authors: Drenovak-Ivanovic Mirjana
Published: April 2022

The Aarhus Convention has become a part of the Serbian legal system with adoption of the Law on Ratification of the Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters in May, 2009. The largest share of laws in Serbia which regulate the right to access information, public participation and legal protection in environmental matters was adopted prior to ratification of the Aarhus Convention. However, after the ratification came amendments to certain laws for the sake of accordance with the norms of the Aarhus Convention. This paper analyzes the existing legal provisions in Serbia and the extent thereof on its accordance with the norms of the Aarhus Convention. In addition, the paper points out the relevant practice of administrative authorities and the Commissioner for Information of Public Importance and Personal Data Protection relating to cases of access to environmental information and the right of public participation in environmental decision making as well as major court decisions on right to judicial review.
Regulating Better Biofuels for the European Union
Authors: Romppanen Seita
Published: April 2022

Comprehensive European or global regulation on sustainable biofuels does not yet exist. In the near future, it is likely that 10 percent of the energy used for transportation in the EU will consist mostly of biofuels, the majority of which will be imported from third countries. As the EU only has legislative jurisdiction regarding its Member States, the asymmetry between the locations of feedstock, the production of biofuel and the end users creates particular legal challenges for the sustainability scheme. It is not enough that to just correct the evident deficiencies of the current scheme; the EU sustainability scheme must provide a comprehensive answer to the complex sustainability challenges. One option could be a global approach driven by the EU leadership position. This article evaluates the legal applicability of the EU sustainability scheme against the global scenario of biofuels. Indirect land-use change is explored as the culminating issue of biofuel sustainability. The article also analyses the current regulatory approach, from the view that is it adequate in terms of securing the sustainable production of biofuels, especially in relation to the notion on "global" biofuels. Combating climate change forces new environmental problems to stand out, which also creates new legal challenges. In the field of dynamic climate change law, biofuel sustainability is an apt example of this.
Coherence in European Environmental Law with particular regard to the Industrial Emissions Directive
Authors: Sanden Joachim
Published: April 2022

Ever more detailed European Environmental legislation makes it increasingly necessary to see the system as a whole. A consistent and coherent structure is suggested as an important element of successful regulation. The paper sets out a conceptual framework for studying the conditions under which coherence could be confirmed. Coherence is proposed as a legal principle within EU (Environmental) Law with an imperative to act in favour of this principle.

Using the primary EU law and general EU legal policy for analysis, the design of the paper is deductive: Bearing in mind the concept of coherence within the Good Governance and Better Legislation initiatives, the paper suggests coherence not only as a rule but as a legal principle in EU law and explores the consequences of such a shift.

The paper shows that coherence has the capacity to improve environmental regulation until restrained by concepts of subsidiarity and proportionality. The main findings concern the specific commitments of this normative approach in the EU Environmental Law, by focussing on the new Commission Directive on Industrial Emissions (IED) as the central regulation of industrial plants. The findings suggest that the IED is some distance away from an optimal coherent status.
Mainstreaming after Lisbon: Advancing Animal Welfare in the EU Internal Market
Authors: Nurse Angus
Published: April 2022

This article traces the evolution of EU animal welfare law and policy. What scope do Member States have to protect the welfare of animals? Two recent United Kingdom judgments are considered in which animal welfare was condoned as providing a justifiable reason for restricting the free movement of goods. In the absence of an EU animal welfare policy underpinned by a legal basis on which to adopt animal welfare laws, to what extent have the EU institutions legislated in order to protect the welfare of animals. Post Lisbon, what is the significance of the incorporation of animal welfare as a value on which the EU is premised? To what extent can the internal market provision be utilised to legislate for animal welfare? What potential does mainstreaming animal welfare hold for the development of EU animal welfare policy and law, for the CJEU and for compliance with EU animal welfare standards?
Living with Success  and with Wolves: Addressing the Legal Issues Raised by the Unexpected Homecoming of a Controversial Carnivore
Authors: Trouwborst Arie
Published: April 2022

The central problem addressed in this article is the friction that may arise between EU legislation and subsequent developments that were unforeseen at the time the legislation was created. This problem is viewed through the lens of one such development, namely the remarkable comeback that wolf (Canis lupus) populations have been staging across Europe in recent years. Aided by legal protection, these large carnivores are returning to regions and countries from which they have long been absent, creating fresh legal challenges in the process. This article identifies and analyzes several concrete issues where there is an apparent mismatch between current wolf conservation and management needs on the ground and the phrasing or interpretation of relevant provisions in the 1992 EU Habitats Directive. These problems can be traced back, at least in part, to the fact that the current wolf comeback was unforeseen at the time the Directive was drawn up. The article thus provides an intriguing illustration of the slightly paradoxical notion that a development actually aimed for in EU legislation ± the recovery of European wolf populations ± can still come as a surprise.
Green Motor Insurance
Authors: Landini Sara
Published: April 2022

Several Studies indicate ecodriving as a strategy to reduce greenhouse gas (GHG) emissions. The word ecodriving commonly indicates the combination of some driving techniques and style of driving. Insurers can represent an instrument to improve ecodriving. Some important actuarial studies done in the last 10 years indicate a direct connection between efficient drivers and those drivers with fewer preventable accidents. So ecodriving can have a direct concern for insurers.

In the global market of motor insurance it is possible to find examples of green insurance policies providing discount for eco-drivers. In some case premiums are based directly on how much it is driven during the policy term. Premiums are calculated taking in to account the following factors: vehicle-mile, vehicle-kilometer or vehicle-minute.

We intend to focus attention to the ecological function of such policies, to some related juridical problems and to possible solutions.
The EU Regulatory Framework to Deal with the Environmental Effects of the Mining Activities - Assessing the Effectiveness
Authors: Karageorgou Vasiliki (Vicky)
Published: April 2022

There is no doubt that minerals are essential to human welfare, as they are critical for a wide range of economic activities. However, their extraction or even their procession is associated with significant environmental challenges and can also have social impacts when the implementation of mining projects competes with different choices of the neighboring communities concerning land-use. The main aim of this Article is, thus, to analyze whether the current EU Regulatory Framework dealing with the environmental aspects of the mining activities is effective in terms of minimizing or even avoiding their environmental impacts. After the analysis of the relevant horizontal, sectoral and specific Legal Instruments, the main conclusion is that from a general point of view the relevant EU Legislative Framework, although rather fragmented, can be evaluated as sophisticated and comprehensive in terms of dealing with the environmental impacts that come along with the mining activities in their entire life- cycle in a quite satisfactory manner. In this context, certain issues which can increase the overall effectiveness and relate, inter alia, to the extension of the scope of application of critical Directives and the strengthening of the relevant requirements, should be subject to a thorough analysis and discussion with the aim to promote sustainable mining at the EU level.
Does Environmental Law Encourage Obstruct Eco-Innovations? Evidence from Case Studies in the Netherlands
Authors: Verschuuren Jonathan
Published: April 2022

Environmental law does not necessarily promote innovations that lead to drastic improvement of environmental performance (eco-innovations). The focus of EU environmental law on best available techniques is exemplary. Businesses often complain that environmental law hampers innovation, even innovations that have tremendous positive impacts on the environment. This article reports on a study we did to see whether this complaint is justified. We did a literature study into the relationship between innovation and environmental law to find out whether and how environmental law can promote innovation. Then, we did six detailed case studies into recent innovation projects in the Netherlands, to assess whether and if so how environmental law in practice was a stimulus or an obstacle to these innovations. The research shows that current environmental law does not foster eco- innovation. It also shows that environmental law indeed sometimes hampers eco-innovations, but that a transparent process, involving all stakeholders from the start, limits this risk and allows for circumnavigation of the possible legal obstacles.
Dilemmas on the Way to a New Renewable Energy Directive
Authors: Iliopoulos Theodoros
Published: April 2022

In 2016 the Commission put forward a Proposal for a revised Renewable Energy Directive for the period 2020 to 2030. This article focuses on the dilemmas on the way to this new Renewable Energy Directive, as reflected by the Commission's Proposal, but also by the European Parliament's amendments that followed in January 2018. Within this context, the Renewable Energy Directive currently in force is analyzed with the help of recent case law, and two core dilemmas are identified, to wit 1) whether the new RE target should be merely determined at the EU level or it should also be translated into national binding targets and 2) whether RE support schemes should be harmonised and open to other Member States.
Stabilization Mechanisms for Nuclear Investments vs.Electricity Market Liberalization:The Case of Contract forDifference. Lessons from theUnited Kingdom and Romania
Authors: Stanescu Catalin Gabriel
Published: April 2022

The article addresses Contracts for Difference (CfD) as state aid and price stabilization mechanisms needed to mitigate the risks stemming from the incompat- ibility of liberalized electricity markets and nuclear energy investments. It starts by defining CfD mechan- ism as state aid required to support nuclear invest- ments. It continues by analyzing the issue of state aid in relation to the nuclear sector, with focus on the ``market failure'' argument as it transpires from both the European Commission's assessment of the state aid scheme and the decision of the Grand Chamber of the Court of Justice of the European Union. Attention is dedicated to the uses of the same support scheme in two similar nuclear projects in Hinkley Point (United Kingdom) and CernavodaÆ (Romania). The article concludes that given the systemic differences between the two national energy markets, CfD might not be a suitable solution for both national energy markets.
Mitigation and Compensation Measures under the EU Habitats Directive in Selected Member States
Authors: Senoner Aron , Squintani Lorenzo , Zijlmans Jacqueline , Annink Dionne , Hoffmann Sonja Mareike , de Landtsheer Louis Tasset , Radoytsev Dragomir , Rakipi Jon , Roth Bob
Published: April 2022

This article aims at establishing how national courts interpret the concepts of mitigation and compensation measures under Article 6 of the Habitats Directive. Based on a comparative method of legal research, we focus on the implementation of Articles 6(3) and 6(4) of the Habitats Directive, as interpreted by the Court of Justice of the European Union in the Sweetman, Briels and Orleans cases, and its application in the courts of six Member States, i.e. France, Germany, the UK, the Netherlands, Italy and Bulgaria. Our study highlights national courts tendency to interpret the Habitats Directive and related national law so as to cover matters which have not explicitly been dealt with by the CJEU without asking for preliminary rulings. In each legal order, this lack of preliminary references comported a wrongful interpretation of Article 6(3) of the Directive. This finding shows that the lack of preliminary references affected the legal effectiveness of Article 6 HD.
Wind Energy Projects and Species Protection Law: A Comparative Analysis of the Application of EU Law in Five Member States
Authors: Anker Helle Tegner , Schoukens Hendrik , Backes Chris , Cliquet An , Akerboom Sanne , Bovet Jana , Cavallin Elissa , Kock Wolfgang , McFillivray Donald , mathews Fiona
Published: April 2022

Wind farms and their associated transmission infrastructure can have negative impact on biodiversity. Offshore wind farms, for example, can pose threats to animals like harbor porpoises and migrating birds and onshore wind farms and transmission grids may harm birds and bats.In this article we analyse how European Union species protection law is transposed and applied to decision-making on wind energy projects in five member states, namely Denmark, Germany, the Netherlands, Belgium and the United Kingdom. The analysis aims to understands the differences in the interpretation and application of national species protection law, point out deficiencies, and make recommendations, partly based on learning from best practices. Though transposition in national law is almost identical, implementation practice in these states varies substantially. The question in raised whether the legal regime, as currently applied, can be improved to serve the aims of a considerable increase of renewable energy sources whilst simultaneously protecting biodiversity.
Legal Barriers to the Development of Energy Clusters in Poland
Authors: Dragan Dagmara
Published: April 2022

In 2016, regulations on energy clusters were introduced into Polish law. Since then, the Ministry of Energy has conducted two rounds of calls, in which it has awarded sixty-six certificates for outstanding pilot energy clusters. According to the assumptions of the Polish government, by 2030 about 300 energy clusters and energy cooperatives are to be created in Poland. However, currently energy clusters are developing slowly, and many of those which have been created in recent years are not operating well. Cluster members blame unclear, unstable, and unspecific law for the lack of development. In this context, the aim of this article is to identify the most important legal barriers to the development of energy clusters in Poland.

energy clusters, energy communities, energy cooperatives, renewable energy sources, Poland
Towards Low-Emission Transport: Biofuels’ Tax Incentives and State Aid for Climate Change Mitigation
Authors: Kymenvaara Sara
Published: April 2022

This article analyses the regulation of biofuels’ tax incentives under three European Union (EU) legal frameworks; the 2003 energy taxation directive (ETD), the renewable energy directives (RED), and State aid law. These frameworks lack a common understanding of biofuels’ sustainability and climate performance. The ETD’s minimum tax rates do not differentiate fuels according to their climate performance and has no relevance for greenhouse gas emission reduction in the transport sector. At the same time, the RED instruct EU Member States to promote biofuels that meet its sustainability criteria. As shown by the case studies in this article, this comes with challenges for Member States’ tax incentives to biofuels in relation to State aid law. In principle, governments may freely structure incentives according to national (climate) policy objectives. Yet, that freedom is restricted by State aid law, and national objectives are typically overlooked when incentives are assessed in State aid procedures.
Climate Clubs and International Trade Across the European and International Landscape
Authors: Leal-Arcas Rafael
Published: April 2022

This article provides a comprehensive examination of the greatest threat humanity faces today: climate change. It does so by looking at the legal, political, institutional, regulatory, and economic angles of climate change from the perspective of major emitters and the most relevant actors in the mitigation of climate change. The article offers a fresh understanding of the international trading system as a way to reach a prosperous, modern, and sustainable society that will help decarbonize the economy effectively. The article offers new ideas on the creation of a climate club linked to the international trade regime as an effective way to mitigate climate change. How should policies, regulations, laws, and agreements change to get us there? What incentives will be necessary to get there effectively? What has failed and why? We conclude that innovation and technology will be among the key elements of this equation, without which we will miss the goal.

climate action, renewable energy, sustainability, storage, clean energy, technology, innovation, climate clubs, international trade
Models of Energy Communities in Japan (Enekomi): Regulatory Solutions From the European Union (Rescoms and Citencoms)
Authors: Sokolowski Maciej M.
Published: April 2022

Energy communities are already part of the current Japanese energy sector. The enerugīkomyuniti (or enekomi, as I propose to call this type of entities) powered by renewables with an important role played by photovoltaics (PVs), reflect a growing wave of prosumer movements in Japan. This derives from the decrease in the cost of renewable installations, as well as the opportunities for multiple deployments in places previously unable to access renewable energy (such as farms – when ‘farming photovoltaics’ or ‘agrivoltaic systems’ are applied). The establishment of municipal power producers and suppliers (small-scale entities covering local areas), leading to broader popularization and use of distributed energy in Japan has also helped to promote this movement. However, any further development of enekomis requires the appropriate regulatory framework. Japan, which wants to promote the concept of a sustainable regional community internationally, must focus on amore preferential approach to enekomi. Based on the experience of the Member States, the European Union has managed to establish a model that could be implemented in Japan after a suitable adaptation. This applies in particular to the solutions offered to energy communities in Europe with respect to membership, non-discriminatory treatment, barriers, support schemes as well as grid connection and management.

community energy, Japanese energy sector, enekomi, citizen energy communities, renewable energy communities, energy prosumers
"Grift-runor, skrifne 1769"
Authors: Möller Daniel
Published: April 2022

“Sepulchral Runes, Written in 1769” A Defamatory and Blasphemous Epitaph by Brynolph Hallborg
The seventeenth and eighteenth centuries are the golden age of the poetic epitaph in Sweden and Europe. Most epitaphs were shaped in accordance with the principle of decorum, i.e., they were written to praise the dead and to comfort the bereaved. But there were also poems that sought to instead find faults with the deceased, sometimes even to insult their memory. A form of funeral poetry that was not uncommon during the seventeenth and eighteenth centuries, although not hitherto studied in Sweden, consisted of defamatory, parodic, burlesque, and wickedly humorous verse. This kind of poetry is highly diverse in character, spanning a wide range of moods, from mildly derisive to extremely demeaning poems, with everything from good-natured jocular and comical pieces to coarse, malicious, acutely ironic, and crudely sarcastic texts.
An original and highly defamatory epitaph in lapidary style, “Grift-Runor” (Sepulchral Runes), was composed by Brynolph Hallborg (1736–1792). Hallborg’s well-documented preoccupation, or even obsession, with death, along with his interest in parody, sarcasm, and blasphemy, make him a rarity in Swedish literature. At the time, Hallborg’s poem attracted attention and was commented on by Thomas Thorild. The poem can be regarded as an extreme example of a larger eighteenth-century process: the relaxation of the principle of decorum.
Hedda Gabler
Authors: Lysell Roland
Published: April 2022

Hedda Gabler: A Woman's Will to Power
Hedda Gabler (1890) is the eighth of Henrik Ibsen’s twelve social plays from The Pillars of Society (1877) to When We Dead Awaken (1899). Most critics and stage directors construe it as a play in the realist tradition and as a pièce bien faite. In this essay, I argue for a different kind of interpretation based on the important studies of the play by Else Høst, John Northam and Brian Johnston. Like Høst, I start with the protagonist’s (Hedda’s) comments about vine leaves in Ejlert Løvborg’s (her former suitor’s) hair. Through these comments, Hedda can be associated to the wineleaves of Emperor Julian in Ibsen’s Emperor and Galilean (1873), where the protagonists Julian and Maximos, a kind of mystic, discuss a utopian realm built on both the Dionysic Greek and the Christian mystical tradition. Hedda is a late follower of this mysticism. In this essay, I emphasize the existential aspect of Hedda’s searching for authentic values.
I consider Hedda as an outsider, although she is involved in a fight for power, just as the other characters are. The other characters are described in detail and their actions are fully understandable, whereas Hedda’s character lacks determination. We do not know why she married Tesman. We do not know if she is pregnant. We do not know why she sets fire to Løvborg’s manuscript. Jealousy is too weak an explanation. Whereas the other characters search for the lukewarm indifference of everyday life, Hedda aims at the magnificent and the impossible. She represents the indeterminate aspect of the play, she is the character which does not fit into the realist structure, the character looking beyond and above the other characters, the character open to completely different interpretations, also on stage. Through her suicide she motivates the reader and the spectator to reflect on the metaphysical aspects of life.
STENOTROPHOMONAS MALTOPHILIA KLİNİK SUŞLARINDA ANTİMİKROBİYAL DİRENÇ: 10 YILLIK SÜRVEYANS
Authors: BİLGİN Melek , İŞLER Hacer , BAŞBULUT Eşe , MUTLU YILMAZ Esmeray
Published: April 2022

Stenotrophomonas maltophilia, özellikle bağışıklığı baskılanmış hasta popülasyonunda ve toplum kökenli vakalarda önemi giderek artan fırsatçı bir patojendir. S. maltophilia'nın neden olduğu enfeksiyonların tedavisi birçok antibiyotiğe karşı intrensek direnci nedeniyle oldukça zordur. Bu çalışmanın amacı, on yıllık bir süre içinde izole edilen S. maltophilia suşlarının yıllar içerisindeki direnç oranlarının değişiminin irdelenmesi ve S. maltophilia enfeksiyonu için risk faktörlerinin değerlendirilmesidir.
On yıllık süre boyunca (Ocak 2010 – Aralık 2019) çeşitli klinik örneklerden izole edilen S. maltophilia klinik izolatlarının antibiyotiklere direnç oranları retrospektif olarak incelenmiştir. İzolatların identifikasyonu ve antimikrobiyal duyarlılıkları VITEK2 Compact (BioMérieux, Fransa) ile çalışılmıştır.
Çalışmaya toplam 276 S. maltophilia izolatı dahil edilmiş, her hastadan tek izolat alınmıştır. İzolatların %20.7'si ayaktan, %79.3'ü hastanede yatan hastalardan izole edilmiştir. Yatan hastaların %38.8’inin (85/219) yoğun bakım ünitesindeki hastalardan oluştuğu gözlenmiştir. Hastaların %64.5’inin erkek, %35.5’inin kadın; yaş ortalamalarının erkeklerde 60, kadınlarda 66 olduğu saptanmıştır. Çalışmaya dahil edilen izolatların %53.6’sı (148/276) alt solunum yolu örneklerinden izole edilmiştir. Antibiyotik duyarlılıkları trimetoprim-sülfametoksazol (SXT), levofloksasin ve seftazidim için sırasıyla %92.8, %93.1 ve %60.1 olarak tespit edilmiştir. 2010-2014 yılları arasındaki ve 2015-2019 yılları arasındaki antibiyotik direnç oranları karşılaştırıldığında ikinci dönemde seftazidim (p<0.001) ve levofloksasin (p<0.001) direnç oranının düştüğü ancak SXT direnç oranının arttığı tespit edilmiştir (p=0.485).
Sonuç olarak çalışmamızdaki S. maltophilia izolatlarına karşı levofloksasin ve SXT etkisini sürdürmektedir. İstatistiksel olarak anlamlı olmamasına ragmen, SXT’ye karşı artan direnç oranları açısından dikkatli olunmalıdır. Ayrıca antimikrobiyal direnç oranları değişiklik gösterebileceği için her hastane kendi antimikrobiyal direnç oranlarını takip etmeli, ampirik tedavi politikasını kendi direnç durumuna göre belirlemelidir.
The Effects of Blended Learning Instruction on Vocabulary Knowledge of Thai Primary School Students
Authors: Katasila Phichitra , Poonpon Kornwipa
Published: April 2022

The present study aimed to investigate the effects of blended learning instruction on vocabulary knowledge of Thai primary school students and students' perceptions toward learning vocabulary through blended learning instruction. A mixed-methods approach was used. Quantitatively, a single group pretest-posttest design was used to measure students' vocabulary knowledge after ten weeks of vocabulary lessons via blended learning instruction. The qualitative method focused on students' perceptions toward blended learning instruction. There were a total of eight student participants at a small school in Kosumphisai, Maha Sarakham province. Three students were in fifth grade and five students in sixth grade. Two research instruments were used in this study: a pre-and-post-test and an in-depth interview. The quantitative results revealed that the post-test score was higher than the pretest score. The blended learning instruction can improve the students' vocabulary knowledge. The qualitative results showed that students had positive attitudes toward blended learning instruction on vocabulary teaching.