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Public Procurement Issues in the Field of Environmental Liability
175-188Views:200In public procurement, the principle of responsible management of public funds applies (Section 142 of the Public Procurement Act). This does not mean that only the techniques of fast-acting, quasi-abbreviated announcements or accelerated public procurement procedures are preferred, but on the contrary also direct tenders without general public procurement procedures are possible. The basis for efficient and transparent public expenditure at least are public procurement procedures that adhere to minimum procedural deadlines and create competition, i.e. facilitate the participation of as many bidders as possible. On the other hand, remedying environmental damage caused by third parties requires that the award of appropriate protection and remedial measures to the relevant contractors and the associated compliance with public procurement procedures do not cause delays that could contribute to extreme environmental degradation. In these cases, it is necessary to check whether there is a case of extreme urgency (imminent danger) and whether the award procedure can be omitted in whole or in part. In line with the above considerations, the present study, with reference to the Hungarian and EU regulations for public procurement, as well as comparative law with the inclusion of German and Austrian examples, examines whether the Hungarian legislator has additional leeway to prevent and quickly eliminate urgent or permanent serious environmental damage in accordance with procurement law.
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Environmental Liability Law: Environmental Civil Experts’ view
86-112Views:155Environmental liability legislation, both the ELD in Europe and CERCLA in US, is burdened with significant compromises, but even if so, they are too leniently implemented. Moreover, rather scarce data are available on the liability cases and on the status of polluted sites, therefore the system is unable to amend itself. There is no reason to be surprised: expenses of protection or remedy of the polluted sites are enormous, the concerned industries would get into a poor competition position in the market if faced with too stringent liability. In the exceptional cases when their deeds are revealed and enforcement actions start, they still might retreat behind the bastions of limited responsibility of their companies. In such situations public participation is a vital element of any progressive outcomes. In the present study we examine the efforts of J&E, a network of public interest environmental lawyers to contribute to moving out the European environmental liability systems from their stalemate position and enhance their effectiveness.
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Expanding Zoo? Judgments of the EU Court of Justice on Participation of Slovakian NGOs in Environmental Administrative Proceedings
118-131Views:167The Aarhus Convention guarantees access to information, public participation and access to justice in environmental matters. The Convention as a so-called mixed-agreement has been ratified by the EU as well as by its Member States. The Convention-related case-law of the Court of Justice of the EU (CJEU) especially relating to Slovakia (see, C-240/09 – Slovak bears, C-243/15 – Slovak deers) shows that the Court has broadened the locus standi of NGOs before national courts using them in order to facilitate the enforcement of EU law. The activism followed by the Court in these judgements could be considered as environmental-specific expression of the objective of broader law enforcement before national courts. However it depends on national courts whether this kind of CJEU judgments could acquire cross-border relevance by their application of national judges. "A mű a KÖFOP-2.1.2-VEKOP-15-2016-00001 azonosítószámú, _ „A jó kormányzást megalapozó közszolgálat-fejlesztés”_ elnevezésű kiemelt projekt keretében működtetett Ludovika Kutatócsoport keretében, a Nemzeti Közszolgálati Egyetem felkérésére készült."
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The Role of Non-Governmental Organisations in the Enforcement of Environmental Liability
113-127Views:289Public participation is an essential part of the mechanism of dealing with environmental problems. Both the Aarhus Convention and Union law stipulate that citizens and environmental NGOs should be guaranteed access to justice that includes providing legal standing for environmental NGOs individuals and directly affected by a breach of environmental law. In accordance with the Environmental Liability Directive, persons adversely affected by environmental damage are entitled to ask the competent authorities to take action. However, there are major chellenges to the implementation of environmental legislation, faced by environmental NGOs in obtaining standing to bring legal challenges on environmental issues.
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Environmental Mediation in Germany
60-77Views:154It has always been a difficult question for the State to ensure effective decision-making processes for instances where public participation is considered to be a requirement. This question might be even more essential when it comes to disputes concerning large-scale projects with environmental impact. When the public is affected by such project, the contractor must be really prudent, otherwise high number of litigation may be initiated afterwards. The very special form of mediation, the so-called environmental mediation may offer a solution to this problem, by allowing all participants to meet and discuss every crucial issues related to projects described above. It is also important to emphasize that not the same requirements apply to environmental mediation and to other civil law related mediation procedures. The aim of environmental mediation would not be less than to improve the quality of public bodies’ decisions.
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Limits of Environmental Liability: Summary of the Guest Editor
189-198Views:207This summary is an attempt to demonstrate that despite all the differences in how limits of environmental liability are perceived by the authors of this special issue due to different approaches to environmental liability, a common framework can nevertheless be drawn encompassing them all. Each article of the special issue elaborates some of the aspects of the concept of environmental liability. Despite the differences in the evaluation and assessment by the authors of the role of stakeholders and of the facts having an impact on the concept of environmental liability, it is shown that all of them are analysing the very same subject. The apparent differences are due to the different contexts in which environmental liability is examined and evaluated. Thus, the summary underlines that there is a need for system thinking related to environmental liability.
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Law of Sustainable Development
11-30Views:357Sustainability or sustainable development as an objective or as a definitions is wirely used since the 1992 Rio Conference on Sustainable Development. There are many attempts to clarify the content of it, most of them covering inter- and intragenerational equity, integration, the different means and methods of long-term thinking. While it is still a controversial question, it is also difficult or even harder to specify the legal content of such a policy matter. The law of sustainable development shall be able to meet the challanges of clarity, enforceability, thus one should try to be more specific then it is acceptabel in the wider the political context. Several international documents, conventions, even EU legislation wants to come closer to the problem. If we wish to translate the content into the legal language, then there are some elements of such a legal system, which we would like to underline: inter-generational equity and right to environment, public participation, cooperation, integration, precaution and subsidiarity. There is also a newly emerging element of the legal understanding – imported from ecology –, which needs greater attention today, that is resilience.
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Decentralization of Welfare Services in France
65-80Views:135The principle of decentralization is widely applied in public administration. Despite the conceptual insecurity decentralization is often linked to the principles of democracy, participation, efficiency providing a normative value for the principle. Practical experiences, however, show that the advantages and disadvantages of decentralization are influenced by historical, economical, social, institutional and cultural context. Decentralization policy to increase the effectiveness of French welfare services could not change the institutional structure with strong historical roots and to improve the service quality. The strengthening of task and competences of the county level led to the failure of decentralization due to the lack of funding, personal and coordination problems.