Environmental law

Under environmental law refers to the rules of law, intended to protect the natural environment and the preservation of the functioning of ecosystems.

• 3.1 Areas of the Austrian environmental law 3.1.1 Environmental Control / Information
• 3.1.2 chemicals
• 3.1.3 Atom / Radiation Protection
• 3.1.4 Climate Change / Air Quality

• 3.2.1 Investment Law
• 3.2.2 waste
• 3.2.3 Environmental Criminal Law
• 3.2.4 Environmental Private Law

• 4.1 genesis

• 5.1 Development
• 5.2 approach
• 5.3 Influence on the legislation of the Member States

• 8.1 Books
• 8.2 Papers
• 8.3 Magazines

Regulatory approaches

Environmental law is not sharply marginated area of ​​law. The starting point of the protection means protecting against adverse effects. In order to effect this protection, different approaches are possible:

Some environmental regulations are not clearly attributable to one of the mentioned approaches, but follow it were a mixed method. These include, for example, parts of the Federal Pollution Control Act.

German environmental law

Constitutional Legal Background

Since 1994, the German constitutional law the State undertakes in Article 20a of the Basic Law to protect the natural foundations of life. This is not a fundamental right, but a so-called state goal, ie, a program mandate for public violence. Legislature and administrative Although this will generally maintain a specific legislative or administrative lawful act is judicially enforceable but only in isolated cases.

Boundary and overlap areas of environmental law

Many planning regulations can be counted on environmental law, because - among other objectives - protect the environment to a greater or lesser extent. Your starting point is shifted forward, so to speak, by making should ensure at the planning stage that certain environmental damage can be avoided. Examples of this are mainly the Law on Environmental Impact Assessment, as well as the Building Code and the Spatial Planning Act.

Further, there are numerous criminal and misdemeanor offenses, which are intended to protect the environment. The serious environmental offenses are in section 29 of the Special Part of the Criminal Code (§ § 324- 330d ) self- regulated; in most environmental laws additional, related to the particular specific matter of the penal provisions are included. Many of these rules are criticized because the criminalization of certain behavior often depends on regulatory requirements.

Experience has shown that the criminal protection of the environment considered on its own little effective. Reasons for this are, inter alia, problems with clear evidence of causing environmental damage. As in other areas of criminal law, the deterrent effect of the threat of punishment is low here.

Finally, there is an area of overlap with the general health and the special health at work. Many regulations with these objectives cause rather casually protection against environmental damage; However, some are also formulated in parallel on both objectives out.

Need to unify by an Environmental Code

Environmental legislation is scattered in many laws. For example, if a European legal requirement is transposed into national law, the legislative powers of the countries affected (eg water rights, conservation law ), a total of 17 different acts proceed effectively in Germany, first by the federal government and then by the federal states. Penalties due to strong late transposition of EU directives by individual states (for example, the obligation to expel Fauna- Flora-Habitat areas in Lower Saxony) had due to the external accountability of the federal be made or presented by the Federal Ministry for the Environment then. Therefore it is required by environmental scientists and environmental lawyers for many years, environmental law in an Environmental Code ( UGB) codified summarize and effort is better coordination in the interest of a better legal execution, the individual rules. Although elaborated and already partially annotated drafts ( UGB Profe, SK - UGB, the last design dates from 1997 ) is any indication was lacking on the part of the German states, the political will mitzutragen this important project and to put into action. After the failure of the so-called federalism Commission the issue of environmental law book has come back as part of the coalition agreement of the grand coalition of the political agenda. Since March 2006, there is a first draft of the Federal Council amending legislative powers in the environmental field - a prerequisite for the success of the UGB project.

New Strategies

The previously applicable laws pursue an administrative approach, that is, certain branches of administration are obliged to carry out environmental protection tasks or even to take account of environmental concerns in the implementation of their own tasks. Experience has shown that the control effort is very large. Therefore, new strategies have been used for several years, which go far beyond the traditional area of environmental law and take into aspects of the environment into other specialized laws and other policies. This feature is also consistent, because environmental protection is a sectoral and multidisciplinary topic. Often the strategy is followed that the economic benefits will be granted if someone on the legal obligations using environmentally friendly technology. But, terms like " economic strategies " do not hide the fact that compliance with these economically oriented "rules" requires a control.

Three examples of such " economic instruments " in environmental protection that exceed the conventional control of environmental legislation:

The described development causes that environmental law in the strict sense, not loses significance, but is hardly clearly delineate. Requirements of environmental protection " seep " into other areas of law. This overview will total more difficult.

Austrian Environmental Law

Also in Austria, the legal framework is fragmented into numerous legal norms. From its legal nature of environmental law is mainly influenced by public law and is therefore for administrative and constitutional law, partly also to the criminal law. There are also the private environmental law.

Seen Constitutionally, it forms a cross- cutting issue, so falling off the competence perspective either entirely to the federal government nor the countries. There are therefore a variety of competent federal and state authorities, with many and important skills are concentrated in particular the investment law in the district administrative authorities.

Offering classic - regulatory instruments (such as approval requirements, conditions or strict limits ), environmental law has developed economically oriented legal instruments ( such as emissions trading or environmental audit ).

The Austrian environmental law can be divided into several areas.

Areas of the Austrian environmental law

Environmental Control / Information

These areas are regulated by the Environmental Information Act and the Environmental Control Act. Goal of these laws are transparent environmental controls and the public's right to environmental information.

• Environmental Information Act (UIG ): On 14 February 2005, the current amendment to the Environmental Information Act came into force. The central point of the amendment is a substantive extension of rights to information and information subject positions.

• Environmental Control Act: The Environmental Control Act obliged the Ministry of Environment, the National Council every three years a " State of the Environment Report" submitted.

Chemicals

This section contains provisions for the protection of human health and the environment from chemical substances and products.

• Chemicals Act: The Chemicals Act is a federal law with the aim of precautionary protection of man and the environment from harmful effects which may arise from the production, placing on, acquisition, use and waste treatment of chemicals.

Nuclear / radiation protection

The Austrian nuclear policy is determined by a constitutional law. It is defined by the federal constitutional law for an atom Free Austria ( Federal Law Gazette I No. 149 /1999).

• Nuclear Liability Act ( AtomHG ): Austria is neither Vienna nor acceded to the Paris Nuclear Liability Convention. These agreements contain provisions on limits of liability and place of trial as the State of the tortfeasor fixed. The Austrian Nuclear Liability Act shall determine the place of trial as the damaging event and there is no financial limit.

• Regulations: Natural radiation sources - Regulation: The Regulation contains provisions to protect people against excessive exposure to radiation from natural radioactive substances.
• The Radiation Protection Ordinance - aircrew Regulation ( Federal Law Gazette II No. 235/ 2006) entered into force on 1 July 2006. It contains a comprehensive revision of special radiation protection for individuals who are professionally active on board aircraft during the flight.
• Intervention Regulation: The " Regulation on intervention in a radiological emergency and long-term exposures " includes regulations for protective measures at events such as nuclear power plant accidents, transport accidents involving radioactive sources or even terrorist scenarios with radioactive substances.

Climate Change / Air Quality

• Emission regulations in the EU emission standards for air pollution control have already been adopted in the form of guidelines. These directives must be implemented by laws or regulations in Austrian law. Specific rules exist in particular for the following areas: Operating systems including steam boiler
• Motor vehicles
• Heating systems

• Pollution regulations: The EU community law regulates the immission of air pollutants only in policy. You must be implemented by Member States into national law. The main immission Austrian rules are: Air Pollution Control Act (IG -L)
• Regulation on ambient air quality and Immissionszielwerte for the protection of ecosystems and vegetation
• Forest Act
• Ozone Act

Water and River

• Water Act
• Conservation laws of the countries

Investment Law

Environmental law regulations often are linked to occupational or industrial plants as well as the activities carried out therein. To nenen here are the Umwetverträglichkeitsprüfungsgesetz 2000 ( UVP-G 2000), the Industrial Code, the Railway Act, etc.

Waste

The Federal Waste Management Act (AWG ) entered into force on November 2, 2002. It includes adaptation of the Austrian body of law to those of the EU and a clear definition of waste. The waste regulations that were previously subject countries were unified. These include site approvals for non-hazardous waste, and quality standards for the collection and treatment of waste.

Umweltstrafrecht

The criminal environmental offenses can be found in Section 7 of the Criminal Code (StGB - "Common Hazardous offenses and offenses against the environment " ), in § § 180 ff and in § § 177b - 177e, as well as in species Trading Act ( ArtHG ).

Private environmental law

The private environmental law shows a direct and typical relation to the environmental media of soil, air, water and noise. This affects in particular the pollution control law ( neighboring rights ), environmental agreements (including environmental mediation ), environmental management ( EMAS), national and international environmental liability law as well as the interfaces, boundaries between private and public environmental law. Increasing public awareness of civil justice issues of energy and transport law in the field of view.

Swiss Environmental Law

Basis of Switzerland's environmental legislation is Article 74 of the Federal Constitution. Paragraph 1 of this article is: The Confederation shall legislate on the protection of man and his natural environment from harmful effects or nuisances.

Based on the Federal Act of 7 October 1983 was adopted on the Environment (Environmental Protection Act, USG ). Water protection is regulated in a separate law: Federal Law on the Protection of the waters of 24 January 1991 ( Water Protection Act, WPL).

Based on these laws, there are a number of regulations (selection):

• Water Protection Ordinance of 28 October 1998 ( WPO )
• Regulation of 19 October 1988 on the assessment ( UVPV )
• Regulation of 27 February 1991 on Protection against Major Accidents ( Seveso II, OMA )
• Regulation of 15 December 2006 on the register of pollutant releases and transfers of waste and of pollutants in waste water (PRTR -V)
• Order of 1 July 1998 on charges of Soil (OIS )
• Air Pollution Control Ordinance of 16 December 1985 ( LRV)
• Noise Abatement Ordinance of 15 December 1986 ( LSV )
• Technical Regulation of 10 December 1990 on waste ( TVA )
• Regulation of 22 June 2005 on the marketing of waste ( OMW )
• Contaminated Sites Ordinance
• Ordinance of 18 May 2005 on the reduction of risks in the Use of certain particularly dangerous Substances, Preparations and Articles ( Chemical Risk Reduction, ORRChem )
• Enclosure regulation and release regulation ( for bio - and genetic engineering organisms)

(all regulations are found as full text in the Classified Compilation of Federal Legislation )

Nuclear energy and radiation protection legislation is a special legislation outside of environmental law.

Genesis

The emergence of the USG has been a lengthy process, which is evidence of an initial political reluctance. 1965 foray on the subject was tabled in the federal parliament. It was not until five years later in favor of this the creation of the above-mentioned constitutional article, which was subsequently adopted by popular vote, with over 90 % Yes. Then it took a full 10 years before the draft law on the National Council was consulting ready. Due to a negative consulta process, a fundamentally new design had been worked out in this time of the administration. The advice in Parliament extended again for almost three years until 1983. Force in the law then joined in 1985.

EU environmental law

Development

Environmental originally belonged not to the European Community's tasks. Since the 1970s, criticism multiplied in mind that the European trade and economic policy in terms of environmental aspects "blind" is. In response, the Treaty of Maastricht in 1992 enhances the tasks of the Community, so that in the Treaty establishing the European Community (TEC ) now environmental objectives are included:

Article 2 of the EC Treaty: the Community's task is to (...) throughout the Community (...) is to promote a high level of protection and improvement of environmental quality (...).

Article 3 of the EC Treaty: (1) Action by the Community within the meaning of Article 2 includes ( ...): (...) L ) a policy in the field of environmental

Since then, numerous EU directives and EU regulations have been adopted in the field of environmental protection objectives (also).

Eg RL 2008/99/EC on the protection of the environment

Originally European environmental law has been heavily influenced by the German environmental law. In this initial phase of European environmental law still pursued a sectoral approach, ie environmental protection measures were in demarcated areas (only soil protection, for example ) regulated.

Approach

The current European environmental law follows a so-called integrated approach, which means that the environment understood as a system for the protection of which cross-sectoral schemes ( ie for water, soil and air together) are required. The IPPC Directive is an example of this integrated approach. Next is a closer integration of environmental protection regulations in numerous other regulations, which are mostly economically motivated, instead.

Influence on the legislation of the Member States

The European environmental law has a great influence on the environmental law of the Member States and its further development.

Some obligations that followed from European Directives, Germany is satisfied before delayed. Conversely, there are also some areas where the development of the German environmental law is hampered by the fact that their European legal requirements ( mainly but not environmental, but commercial nature ) contrary.

International Environmental Law

Just like in other areas of international law is at issue in international environmental law always to contractual relations between States in which these states enter into certain obligations, such as in the Aarhus Convention. Germany is party to numerous international environmental agreements. The most popular are the Framework Convention on Climate Change of 1992 and its Kyoto Protocol.

An ordered by topic list of links to the contracts that were signed by Germany is available on the website of the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.