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Liability Directive - a Useful Tool for Nature Protection?

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image of Journal for European Environmental & Planning Law

Three years ago the Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage entered into force. Dividing environmental damage into three different categories (biodiversity, water and soil), the Directive's concept is based on a mixed liability system following the US-American example while stressing the polluter-pays-principle. Member States have to incorporate the Directive's provisions into national law by 30 April 2007. Yet the efficiency of the measures is still doubtful. The following article illustrates the Directive's provisions and highlights its problems, particularly those resulting from exemptions, concluding that further instruments are necessary in order to achieve comprehensive nature protection.

Affiliations: 1: centre for law and administration (Fehr) and at the chair for constitutional law, administrative law and environmental law at the Brandenburg University of Technology (Brandenburgische Technische Universität Cottbus, BTU); 2: entre for law and administration (Fehr) and at the chair for constitutional law, administrative law and environmental law at the Brandenburg University of Technology (Brandenburgische Technische Universität Cottbus, BTU)

10.1163/187601007X00118
/content/journals/10.1163/187601007x00118
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/content/journals/10.1163/187601007x00118
2007-01-01
2016-12-08

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