| Nimeke: | Ökologisches Energierecht in der Europäischen Union |
| Muu nimeke: | Ekologisk energirätt i Europeiska unionen |
| Tekijä: | Poesche, Jurgen |
| Muu tekijä: | Helsingin yliopisto, oikeustieteellinen tiedekunta, yksityisoikeuden laitos Helsingfors universitet, juridiska fakulteten, institutionen för privaträtt University of Helsinki, Faculty of Law, Department of Private Law, Environmental Law |
| Päiväys: | 2008-06-07 |
| Taso: | Väitöskirja (artikkeli) |
| Tiivistelmä: | The dissertation consists of six published papers and a summary. One paper deals with organizational and ethical issues in a legal context. The remaining five papers deal with different aspects of the EU ecological energy law. The dissertation has been written in German.
The key unit in environmental permitting is the installation and the activity in European environmental law. In specific cases, determining the boundaries of an installation and an activity is not a straightforward task. The introduction of emission trading has added a major financial dimension to the installation boundary issue, and a wide interpretation is proposed. The installation boundaries may be affected by the identity of the operator, e.g., one installation one operator. This creates the opportunity to determine the installation boundaries by creating an optimum number of subsidiaries from the companys standpoint. In European environmental law, the operator identity is not clearly defined. Using the definitions used in competition law in environmental law as well is proposed. European law requires that for large projects an environmental impact assessment is carried out. This part of the permitting process becomes an important part of the operating and environmental permitting process. It has to be noted that key provisions are very different in the applicable directive, e.g., the project under the EIA Directive is not necessarily identical with the installation under the IPPC Directive. Streamlining the definitions and system boundaries should be considered by the European Union. Subsidizing electrical power generated using renewable energy sources is problematic from the standpoint of granting state aid, particularly after one European electricity market was established. The RES Directive does not solve the fundamental legal issues. It is proposed that the European Court of Justice revisits reasons in the Preussen Elektra Case. The introduction of emission trading for CO2 in the European Union has added a new tool to environmental law. The economic benefits of this tool are limited for a number of reasons, including situations when traditional emission regulations for, e.g., NOX and SO2, effectively set a cap for the CO2 emissions thus limiting the benefits of an emission trading scheme. The use of European law in the Member States may be hampered by factors ascribed to organisational psychology, particularly motivation. Currently, the national judges are appointed and disciplined by national authorities. It should be considered giving the European Court of Justice the right to discipline and dismiss national judges refusing to apply European law. |
| Avainsanat: | oikeustiede (Ympäristöoikeus) |
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