2008 Press Releases

UCC's Faculty of Law conference examines European environmental law
21.04.2008

The enforcement of European Community environmental law, and in particular European environmental directives, is the focus of a conference taking place at UCC on Thursday next, April 24th 2008.
Organised by UCC's Faculty of Law, the conference will discuss the challenges involved in effective enforcement of the law and will consider how enforcement could be strengthened in practice.  The event is funded by the Department of Foreign Affairs, Communicating Europe Initiative.

A high standard of environmental protection and effective regulation of activities that interfere with our environment are matters of considerable public interest.  A question that is often asked during environmental controversies is whether there has been proper compliance with European environmental directives, including, for example, environmental impact assessment rules and habitat protection law.  Obligations arising under European directives on waste and on water pollution raise complex enforcement issues that are not easy to resolve.  In practice, difficulties of interpretation can arise whereby the implications of European rules for Irish environmental law and practice are far from clear until the matter is determined by a ruling from the Irish courts or from the European Court of Justice.  This state of affairs raises important issues about access to justice in environmental matters.  

Contributors from the Faculty of Law, UCC, the Office of Environmental Enforcement at the Environmental Protection Agency and the NGO 'Friends of the Irish Environment', will discuss practical difficulties around enforcement.  The conference will examine the remedies available for breach of European Community environmental law, including administrative remedies, judicial review and infringement proceedings by the European Commission.  There have been a number of negative judgments against Ireland from the European Court of Justice over weak implementation and enforcement of environment rules and other cases are pending.  

Conference Organiser, Dr Áine Ryall, Faculty of Law, UCC explained:  "Problems with enforcing European environmental law are well known and there is a lot of frustration amongst individuals and NGOs over weak implementation and enforcement.  Our conference provides a forum for environmental lawyers, the judiciary, regulators, NGOs and others interested in improving environmental enforcement to come together and discuss current issues."

"So far, the impact of a long-awaited European directive on public participation and access to justice in environmental matters (Directive 2003/35/EC) had been disappointing.  However, the implications of this complex directive are gradually being teased out in the Irish courts.  It is already becoming clear that this directive will force changes in how the courts approach judicial review where alleged breach of environmental impact assessment rules is an issue", she added.

Full details at: http://www.ucc.ie/en/lawsite/eventsandnews/events/

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