The Possibilities for Nongovernmental Organizations Promoting Environmental Protection to Claim Damages in Relation to the Environment in France, Italy, the Netherlands and Portugal

Fasoli, Elena

doi:10.1111/reel.12187

Cited by 16 publications

(11 citation statements)

References 2 publications

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“…It indicates a wide range of economic, social, and environmental goals and strives to transform economies so that it is possible to lay the foundations for long-term, sustainable growth, which favours providing new jobs. As opined by Fasoli (2017), what needs to be noted is that the SDGs are not standalone goals. They are interconnected, which means that achieving one goal leads to achieving another.…”

Section: Background and Literature Review -Social Inequalities And Poverty In The Concept Of Sustainable Developmentmentioning

confidence: 99%

Sustainable Development and the Problems of Rural Poverty and Social Exclusion in the EU Countries

Kalinowski¹,

Rosa²

2021

ERSJ

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Purpose:The article discusses the risk of poverty and social exclusion of rural residents in the context of sustainable rural development. Poverty is a social phenomenon that affects all socioeconomic groups; however, rural residents are impacted by this issue more than their urban counterparts. Rural areas are important because they constitute a large part of the European Union (80-95% of the area, depending on the member country) and almost a quarter of the population live there. The aim of the paper is to identify the level of poverty and social exclusion in rural areas of the EU and selected aspiring and EU-related countries. Design/Methodology/Approach: The empirical data in the article come from the EU-SILC (the European Union Statistics on Income and Living Conditions).To realize the abovementioned goal, a multidimensional analysis of correspondence was used. Findings: The Central, Eastern and Southern European countries are at much higher risk of poverty or social exclusion than Western Europe. The study showed that one in four rural residents in the EU were at risk of poverty or social exclusion, and one in five were at risk of poverty. Practical Implications: Determining the proportion of people deprived of the possibility of satisfying their needs at a specific level is a voice in the discussion on further actions that should be undertaken to increase social cohesion and meet the expectations of contemporary sustainable development. Originality/value: The poverty is not a one-dimension phenomenon. It involves many aspects of the everyday life, as proven by the material deprivation rate (also severe material deprivation rate) and the risk of poverty or social exclusion. The authors emphasize that there is a need to modify this indicator.

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Section: Background and Literature Review -Social Inequalities And Poverty In The Concept Of Sustainable Developmentmentioning

confidence: 99%

Sustainable Development and the Problems of Rural Poverty and Social Exclusion in the EU Countries

Kalinowski¹,

Rosa²

2021

ERSJ

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“…Besides, Article 1248 specifically prescribes environmental public interest litigation, which states that "the State, the French Biodiversity Agency, local authorities, their associations whose territories are impacted, their public institutions, as well as associations approved or created for more than five years before the commencement of the proceedings and whose purpose is the protection of nature and the preservation of the environment, shall have standing and interest to file actions on ecological prejudice compensation grounds" [58]. Apart from France, civil law is also an important mechanism for ecological and environmental protection in other European civil law countries, such as Italy, the Netherlands, and Portugal [59].…”

Section: The Greening Of Civil Law From An International Perspectivementioning

confidence: 99%

“…Advanced and powerful legislative support by the civil laws of those countries ultimately contributes to effective practice in ecological and environmental protection. According to a research on the practice of environmental non-governmental organizations (NGOs) in France, Italy, the Netherlands, and Portugal, traditional civil law remedies are the more frequently used mechanism (compared with the public regulatory approach) to take actions with respect to environmental damage [59]. In those countries, under the public environmental regulatory framework, the role of environmental NGOs is limited to a right to ask competent authorities to take action against liable operators, and such a role is further restricted by lack of available data on the condition of the affected environment, the confidential transactions between liable operators and competent authorities, as well as the limited coverage and high threshold of damage that is required.…”

Section: The Greening Of Civil Law From An International Perspectivementioning

confidence: 99%

“…Under civil liability claims, the type of damages that can be obtained include not only damages personally suffered, but also pure ecological damage, that is, damage to the environment in itself (except in Italy, where only the competent authority is entitled to use the civil action to claim for the reparation of the environmental damage). Besides, both material and moral damages can be awarded (except in the Netherlands, where moral damages are not allowed) [59]. Taking Portugal as an example, environmental NGOs can sue the operator directly through civil public interest ligation (civil actio popularis) to obtain the restoration of the environment, and if environmental NGOs have incurred costs, they can claim for additional compensation, including for the reparation of moral damage under Article 496 of the Civil Code [59].…”

Section: The Greening Of Civil Law From An International Perspectivementioning

confidence: 99%

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The Contribution of China’s Civil Law to Sustainable Development: Progress and Prospects

Zhai

Chang

2019

Sustainability

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Environmental protection is mainly the focus of environmental law in China, but as China has started to pursue ecological civilization, its civil law has begun to respond to environmental problems as well, which is called the “greening of civil law”. As a result, the newly passed General Provisions of Civil Law adopted a “Green Principle” requiring private actors to contribute to resources conservation and environmental protection in civil activities. Through normative and comparative analysis, this article explores the establishment of the “Green Principle”, the rationales for civil law’s response to environmental problems in China, the progress already made, and the further efforts that are needed. It argues that the major challenge for the greening of China’s civil law at present is the modification of the subsequent sections of the forthcoming civil code. Despite the progress that has already been made, further efforts are needed regarding the following aspects: environmental and resources protection should be taken into account in contract rules concerning the validity, performance, and interpretation of contracts, and rules on emission trading contracts should be added; the property section should stipulate the unified exercise of state ownership over natural resources; and the “personality rights” section should stipulate environmental rights so as to clarify the right that is violated in environmental public interest litigation.

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“…43 This can be provided for with different legal instruments: indirect action, that is, appeals of decisions or omissions by the authorities; direct action in court to challenge an environmentally damaging activity; the possibility available to instigate or at least take part in criminal proceedings; and the right to ask for damages on behalf of the environment. 44 Many countries have an Ombudsman institution, usually selected by the legislative bodies of the states. The Ombudsmen are generally independent review institutions that aid individuals and entities in disputes with administrative bodies.…”

Section: B Article 9(3) Of the Aarhus Conventionmentioning

confidence: 99%

Pulling the Trigger: ENGO Standing Rights and the Enforcement of Environmental Obligations in EU Law

Environmental Rights in Europe and Beyond : Swedish Studies in European Law

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This chapter discusses the relationship between the Aarhus Convention and EU law concerning access to justice in environmental decision-making. Focus lies on environmental rights from a procedural perspective and more precisely on the legal requirements for the public concerned to have access to justice in environmental decision-making. I will use standing for environmental non-governmental organisations (ENGOs) in cases concerning nature conservation and species protection as an illustrative example. This area of law is particularly interesting, as it contains clear obligations according to international law and EU law, while at the same time, the responsibility to implement those obligations in many Member States lies exclusively on the competent authorities and the public cannot challenge the administrative decision-making in court. In my analysis, I will discuss the relationship between the Aarhus Convention and the principle of judicial protection enshrined in EU law. My conclusions suggest that the principle of judicial protection goes beyond the Convention in requiring that members of the publicoften represented by the ENGOsshall be able to challenge administrative decisions and omissions made in this area of law by having the possibility to take legal action in court. II. Principle 10, the Aarhus Convention and EU Law The basic idea of "environmental democracy" is expressed in Principle 10 of the Rio Declaration of 1992: 1 Environmental issues are best handled with participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.

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The Possibilities for Nongovernmental Organizations Promoting Environmental Protection to Claim Damages in Relation to the Environment in France, Italy, the Netherlands and Portugal

Cited by 16 publications

References 2 publications

Sustainable Development and the Problems of Rural Poverty and Social Exclusion in the EU Countries

Sustainable Development and the Problems of Rural Poverty and Social Exclusion in the EU Countries

The Contribution of China’s Civil Law to Sustainable Development: Progress and Prospects

Pulling the Trigger: ENGO Standing Rights and the Enforcement of Environmental Obligations in EU Law

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