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This book examines the impact of environmental pressure on EU substantive law and principles to determine the adequacy and possible evolution of available remedies in a global context of a rapidly changing political and legal reality of the European Union.
Mapping the global dimension of environmental challenges in both local and cross-border contexts, as well as evaluating the scope and resilience of a current model of EU law remedies, this monograph examines key issues encompassing legal instruments of transboundary pollution such as management of the Natura 2000 sites, Trans-European Networks, cross-border impact assessment and air quality legislation, scarcity of resources in a cross-border context, novel tools of corporate due diligence in EU law, as well as external environmental threats originating from neighboring countries. It explores the rationale of the EU law remedies and compliance system through the prism of environmental challenges, evaluating alternative legal instruments and concepts stemming from international public law and international private law. As cross-border environmental disputes trigger a question of the unity of the EU legal order and respect for the authority of the EU Court of Justice by the Member States, in particular in the case of interim measures, this book analyses key cases such as Czechia against Poland to examine the adequacy of classic remedies of legal protection available under the EU treaties in case of trans-border environmental disputes.
This book will be of interest to students, academics and practitioners with an interest in European Union Law and Environmental Law.
The Open Access version of this book, available at http: //www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC BY-NC-ND) 4.0 license.
Alicja Sikora-Kaleda is Habilitated Doctor and Senior Lecturer at the Chair of European Law at the Faculty of Law and Administration, Jagiellonian University and Associated Researcher at Centre d'étude du droit de l'environnement (CEDRE) of the UCLouvain Saint-Louis University, Brussels. She was Senior Emile Noël Fellow 2024-2025, New York University School of Law. Her research focuses on constitutional aspects of EU law, judicial protection, fundamental rights, and EU environmental and climate law. Key publications include Constitutionalisation of Environmental Protection in EU Law (2020). In October 2024, she was designated by the Polish government as one of the ad hoc Polish judges of the European Court of Human Rights (ECtHR). She currently holds the position of Head of Unit at the Research and Documentation Directorate at the Court of Justice of the European Union.
Barbara Iwańska is Head of the Environmental Law Center at the Faculty of Law and Administration of the Jagiellonian University. She specializes in the field of EU and Polish environmental law. She is Member of the Scientific Council of the Tatra National Park and the international group of lawyers, the Avosetta Group, which is a forum for cooperation between representatives of the scientific communities of European universities specializing in environmental law and a forum for scientific exchange.
Slawomir Dudzik is Head of the Chair of European Law at the Faculty of Law and Administration of the Jagiellonian University in Krakow, Poland. He specializes in competition law, state aid law and legal regulation of the digital economy.
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