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@proceedings{1112345,
author = {Jančářová, Ilona},
booktitle = {Konference Ecology and Safety},
keywords = {environmental liability; Environmental Liability Directive; EU environmental law; Czech},
title = {Critical reflections to Environmental Liability Diorective Implementation in EU Member States},
year = {2013}
}
TY - CONF
ID - 1112345
AU - Jančářová, Ilona
PY - 2013
TI - Critical reflections to Environmental Liability Diorective Implementation in EU Member States
KW - environmental liability
KW - Environmental Liability Directive
KW - EU environmental law
KW - Czech
N2 - Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to prevention and remedying of environmental damage (ELD) entered into force on 30 April 2004. The EU Member States had three years to transpose the Directive into national law. Some Member States had serious difficulties with its transposition and that is why the transposition of ELD was completed by the last Member State by July 2010. Stakeholder and Practitioner Workshop organized by the Commission on the implementation of the ELD at the end of 2011 confirmed the fact that Directive is not applied very often and that there are some Member States without any experience in application of environmental lability law in practice. This contribution is focused on anticipated obstacles and difficulties in ELD implementation in EU Memeber States, using the example of the Czech Republic. It is aimed at pointing out some reasons having diminishing effect on application of environmental liability legislation; namely the reasons such as existing legal framework, need to adopt ELD, lability for illegal behavior v. permitted activity, financial security requirements, liability for environmental damage in case of insolvency, unclear and complicated definitions, limitation to „new environmental damage“ and type and scope of preventive and remedial measures are analyzed.
ER -
JANČÁŘOVÁ, Ilona. Critical reflections to Environmental Liability Diorective Implementation in EU Member States. In \textit{Konference Ecology and Safety}. 2013.
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