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Road Planning in Europe - a Case Study (Part I)

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image of Journal for European Environmental & Planning Law

The free movement of goods, persons and services — at once the base line and the guiding principle of our united Europe — would be unthinkable without an effective network of transport routes. The planning of a road is much more than simply a technical exercise. It incorporates political, economic, legal and ecological aspects and is increasingly influenced by European environmental legislation. As a result planning law is a highly complex subject in all the Member States of the European Union. For these reasons the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union has recently compiled a general report on national planning procedures in the EU. Particular emphasis was placed on the administrative and judicial process, the forms and evaluation of public involvement and the implementation of European environmental legislation such as the Habitats- and Birds-Directives' as well as the Directives on Ambient Air'. The report shows that the influence of Community law has led to a certain harmonisation in the decision-making process and increased the environmental awareness of the parties involved. Furthermore it provides an interesting insight in the different methods of acceleration and facilitation which have been tested by the Member States since the time-consuming nature of planning procedures is a major problem in all legal orders.

Affiliations: 1: University of Gießen; 2: County Court of Koblenz and research assistantatthe Federal Administrative Court


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