Regulatory Proposal of the Ombudsman for Future Generations
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Abstract
The most important provisions of environmental liability are available, but the effective enforcement still requires the regulation of several legal conditions. The ombudsman for future generations, following a wide professional and social coordination issued a complex regulatory proposal. The proposal is based upon the EU Environmental Liability Directive within the framework of the existing liability scheme, with a broader understanding of liability, and with the most inclusive approach of the polluter pays principle. Among other elements it covers the financial guarantees, the formation of the financial coverage of state intervention, the implementation of environmental liability attached to the real estates, the availability of and access to the environmental information, the more effective enforcement of environmental liability, and also the setting of conditions of implementation within public administration. The main objective is to promote responsible environmental behaviour.