Environmental / Energy Law

The Making of a New European Legal Culture: The Aarhus Convention

Edited by Roberto Caranta · Anna Gerbrandy · Bilun Muller
Europa Law Publishing December 2017

Specifications

ISBN-13
9789089521903
Publisher
Europa Law Publishing
Publication
December 2017
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

The Aarhus Convention entered into force more than 20 years ago. It lays down the pillars of environmental democracy, that is a governance systems where citizens and civil society organisations are fully involved in the decisions affecting the environment we all live in.

On the one hand the Convention drew on the experience of those jurisdictions where environmental concerns run deeper. On the other hand, once enacted, it was expected to bring about important changes in those jurisdictions which were less sensible to these issues.

As such, the Convention is an ideal testing ground upon where to study how legal principles, rules and institutions behave once they are moved from one jurisdiction to another and how the recipient jurisdiction reacts at receiving a transplant.

The analysis from a legal cultural approach the law in the EU and 8 Member States provides a much richer picture about how the Aarhus Convention has been implement and what are the legal cultural enablers and obstacles to the full development of environmental democracy in different jurisdictions.

Additionally, the research assess how far is a common European legal culture developing in core areas not just of environmental, but of administrative and to a large extent of constitutional law? The book provides and updated coverage of the implementation of the Aarhus Convention at both EU level and in a relevant number of Member States and will be useful to academics and practitioners alike.

Table of Contents

Chapter 1. Introduction. The Making of a New European Legal Culture: The Aarhus Convention
Roberto Caranta, Anna Gerbrandy & Bilun Müller
Chapter 2. The Aarhus-Acquis in the EU. Developments in the Dynamics of Implementing the Three Pillars Structure
Adam Daniel Nagy
Chapter 3. The Aarhus Convention – The Legal Cultural Picture. Country report for France
Giulia Parola, LL.M
Chapter 4. The Aarhus Convention, The Legal Cultural Picture: Country Report for Germany
Bilun Müller
Chapter 5. The Aarhus Convention: A Force for Change in Irish Environmental Law and Policy?
Áine Ryall
Chapter 6. The Application of the Aarhus Convention in Italy
Alessandro Comino
Chapter 7. The Aarhus Convention in the Netherlands
Barbara Beijen
Chapter 8. Mimicking Environmental Transparency. The Implementation of the Aarhus Convention in Romania
Bogdana Neamtu & Dacian C. Dragos
Chapter 9. The Implementation and Influence of the Aarhus Convention in Spain
Jorge Agudo González
Chapter 10. United Kingdom
Carol Day
Chapter 11. Towards a Common European Legal Culture under the ‘First Pillar’ of the Aarhus Convention
Franziska Grashof
Chapter 12. The Second Pillar of the Aarhus Convention and Beyond. Comparative Analysis of the Implementing Systems Vis-À-Vis their Legal Culture
Margherita Poto
Chapter 13. Access to Justice under the Aarhus Convention: the Comparative View
Dacian C. Dragos, Bogdana Neamtu
Chapter 14. Environmental NGOs (eNGOs) or: Filling the Gap between the State and the Individual under the Aarhus Convention
Roberto Caranta
Chapter 15. The Impact of the Convention of Aarhus on the Emerging European Legal Culture
Anna Gerbrandy & Laurens van Kreij

Table of Cases
Index
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