28th Cairo Climate Talks, January 27, 2015

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Presentation transcript:

28th Cairo Climate Talks, January 27, 2015 Legal Governance of Environmental Protection – the German Case Ralf Becker Section Environmental Law Federal Environment Agency

Overview Obligation to Environmental Protection Legal Governance of Environmental Protection – the German Case Overview Obligation to Environmental Protection Environmental Legislation Environmental Administration Participation in Environmental Matters Access to Justice in Environmental Matters Conclusions 27.01.2015 28th Cairo Climate Talks

Obligation to Environmental Protection (1) Legal Governance of Environmental Protection – the German Case Obligation to Environmental Protection (1) Constitution: Basic Rights Article 2 Basic Law: Right to life and physical integrity and Article 14 Basic Law: Guarantee of property Obligation of the state to protect Justification for interventions by the state Defensive right against actions of state, including authorizations of private projects No basic right to environmental protection 27.01.2015 28th Cairo Climate Talks

Obligation to Environmental Protection (2) Legal Governance of Environmental Protection – the German Case Obligation to Environmental Protection (2) Constitution: Article 20a Basic Law “Mindful also of its responsibility toward future generations, the state shall protect the natural foundations of life and animals by legislation and, in accordance with law and justice, by executive and judicial action, all within the framework of the constitutional order.” National objective Interest of constitutional rank Task for legislative, executive and judiciary Demands improvement, prohibits deterioration 27.01.2015 28th Cairo Climate Talks

Obligation to Environmental Protection (3) Legal Governance of Environmental Protection – the German Case Obligation to Environmental Protection (3) Obligation to Environmental Protection Basic Rights National objective Wide scope for implementation No precise requirements level of protection und instruments used Special duty of care 27.01.2015 28th Cairo Climate Talks

Environmental Legislation (1) Legal Governance of Environmental Protection – the German Case Environmental Legislation (1) Comprehensive Portfolio Developed since the 1970s by parliamant Driven by Basic Law Driven by general political consensus: environmental protection is A core task of the state Is in the interest of society General environmental law Environmental assessments Environmental information Administrative procedures and participation Access to justice Specific environmental law, e. g. Immission control Water protection Renewable energy But also e. g. building code, criminal law, tax law 27.01.2015 28th Cairo Climate Talks

Environmental Legislation (2) Legal Governance of Environmental Protection – the German Case Environmental Legislation (2) Basic Principles: Precautionary principle Polluter pays principle Principle of cooperation 27.01.2015 28th Cairo Climate Talks

Environmental Legislation (3) Legal Governance of Environmental Protection – the German Case Environmental Legislation (3) Instruments: Range of instruments Environmental planning Environmental impact assessment Direct influence on behaviour: command and control Indirect influence on behaviour: economic incentives Informational instruments Choice depending on environmental area, aims and effectiveness Mixes of instruments 27.01.2015 28th Cairo Climate Talks

Environmental Administration Legal Governance of Environmental Protection – the German Case Environmental Administration Application of Environmental Legislation Competency Guidance and infornation Compliance monitoring Enforcement where breaches occur: (Temporary) prohibition of operation Closure of operation Withdrawal of permission Administrative fines 29.11.2018 28th Cairo Climate Talks

Participation in Environmental Matters Legal Governance of Environmental Protection – the German Case Participation in Environmental Matters Different types of participation, e. g. Persons affected in individual rights Participation of the public Participation of environmental organziations Different procedures Licensing procedures Environmental impact assessment Planning procedures Information and objection Functions: Safeguard for rights Control of administration Enlargement of knowledge basis Acceptance for environmental Law 29.11.2018 28th Cairo Climate Talks

Access to Justice in Environmental Matters Legal Governance of Environmental Protection – the German Case Access to Justice in Environmental Matters Access to courts for individuals Individuals with an obligation under environmental law Individuals affected in their individual rights Access to justice for environmental organisations Appeals against environmental decicions Individual rights of third persons Also provisions of environmental law relevant to permission 29.11.2018 28th Cairo Climate Talks

Legal Governance of Environmental Protection – the German Case Conclusions Legal Goverance of Environmental Protection: Several Dimensions Different levels of law Different fields of law Different instruments Different actors 29.11.2018 28th Cairo Climate Talks

Thank you for your attention! Ralf Becker ralf.becker@uba.de www.uba.de 29.11.2018 / Hier steht der Veranstaltungstitel in 12 Punkt