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ENVIRONMENTAL LEGISLATIONENVIRONMENTAL LEGISLATION
LEGISLATIONLEGISLATIONLegislation (or “statutory law ") is law which has been
promulgated (pasludināt) by a legislature (likumdevēja vara) or other governing body, or the process of making it.
Another source of law is judge-made law or case law.
Before of legislation becomes the law, it may be known as a bill (likumprojekts).
Legislation can have many purposes: to regulate, to authorize, to proscribe, to provide funds, as well as to sanction, to grant, to declare or to restrict.
LEGISLATIONLEGISLATION
Case law (precedentu tiesības) is the set of reported judicial decisions of selected appellate courts which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis (legal principle by which judges are obliged to respect the precedents established by prior decisions).
These interpretations are distinguished from statutory law which are These interpretations are distinguished from statutory law which are the statutes and codes enacted (ieviest) by legislative bodies.
Regulatory law which are regulations established by government based on statutes.
In some states, common law are the generally accepted laws carried to the colonies and former colonies of England (USA, Australia, etc.).
Trials (tiesas process) and hearings (uzklausīšana) which are not selected as “courts of first impression” do not have rulings (tiesas lēmums) that become case law, therefore, these rulings cannot be precedents for future court decisions.
LEGISLATIONLEGISLATION
Statutory law (ar likumu noteikts) or statute law (parlamenta likumdošanas akts) is written law, as opposed to oral or customary (parasts) law, set down by a legislature or by a legislator (in the case of an absolute monarchy).
Statutes (parlamenta likumdošanas akts) may originate with Statutes (parlamenta likumdošanas akts) may originate with national, state legislatures or local municipalities. Statutes of lower jurisdictions are subordinate to the law of higher.
An oral law is a code of conduct in use in a given culture, religion or community application, by which a body of rules of human behaviour is transmitted by oral tradition and effectively respected, or the single rule that is orally transmitted.
LEGISLATIONLEGISLATION
Legislation is regarded as one of the three main
functions of government, which are often
distinguished under the doctrine of the separation of
powers.
Those who have the formal power to create legislation
are known as legislators.
Judical branch of government will have the formal
power to interpret legislation.
The executive branch of government can act only
within the powers and limits set by the law.
LEGISLATIONLEGISLATION
The Westminster system is a democratic parliamentary system of government, modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom.
The system is a series of procedures for operating a legislature. It is used in the national legislatures and sub national is used in the national legislatures and sub national legislatures of most Commonwealth and ex-Commonwealth nations upon being granted responsible government, beginning with the first of the Canadian provinces in 1848 and the six Australian colonies between 1855 and 1890.
There are other parliamentary systems whose procedures differ considerably from the Westminster system.
The Houses of Parliament are situated within the Palace of Westminster, in London.
German Parliament (Reichstag) building in Berlin.
The dedication Dem Deutschen Volke, meaning ‘For the German people’, can be seen on the architrave.
Environmental law means a body of legislative provisions, regulating the public rules of conduct in the area of
environmental protection.
ENVIRONMENTAL LAWENVIRONMENTAL LAW
9
Environmental law
If a person fails to comply with these requirements, the state may use coercive (piespiedu) measures against such a person, imposing a
corresponding penalty or ordering to eliminate the adverse effects on the
Environmental law belongs to public law , which means that, to protect the environment, the state prescribes for the public certain requirements that must be
followed.
ENVIRONMENTAL LAWENVIRONMENTAL LAW
10
corresponding penalty or ordering to eliminate the adverse effects on the environment resulting from the violation.
Environmental
law
Aims of the
environmental
protection
Environmental law consists of several types of legal sources representing the written law (legislation) and the unwritten law (general
legal principles and customary law).
The sources of environmental law can be divided intothe basic sources or laws and ancillary (palīg-) sources
(case law or the rights of judges and jurisprudence – legalscience or jurists’ law).
SOURCES OF LAWSOURCES OF LAW
11
science or jurists’ law).
Sources
of the law
unwritten law – general legal principles and customary law
written law –legislation
ancillary sources – caselaw or the rights of judges and
jurisprudence
EU EU ParliamentParliament
Parliament building in Brussels
12The EU Parliament in Strasbourg
EU legislation – including regulations, directives and decisions –is binding to the European Union Member States.
Binding legislative
documents of the EU
Decisions
Regulations
Directives
BASE OF THE EUROPEAN UNION LEGISLATIONBASE OF THE EUROPEAN UNION LEGISLATION
13
National environmental legal protection is also based on international legislation. For the most part, they are international agreements (conventions, protocols) to which the Member State
is a party.
is binding to the European Union Member States.
EU environmental legislation is developed mainly in the form of directives that the Member States must then integrate into their national law.
EU acquis communautaire
(“community heritage”) are:
Primary legislation documents, issued
based on European Community
establishment treaties
Secondary legislation documents –
regulations, directives, decisions,
conventions, declarations
THE EUROPEAN UNION ENVIRONMENTAL LEGISLATIONTHE EUROPEAN UNION ENVIRONMENTAL LEGISLATION
14
conventions, declarations
EU aims of environmental policy are:
• preserve, protect and improve environmental quality,• provide a high-quality living environment,• sustainable use of natural resources.
Two core functional treaties, the Treaty on European Union (originally signed in Maastriht in 1992) and the Treaty on the Functioning of the European Union (originally signed in Rome in 1958 as the Treaty establishing the European Economic Community), lay out how the EU operates, and there are a number of satellite treaties which are interconnected with them.
Treaties of the Treaties of the
European UnionEuropean Union
15
Protocols, annexes and declarationsProtocols, annexes and declarations
There are 37 protocols, 2 annexes and 65 declarations that are attached to the treaties to
elaborate details, often in connection with a single country, without being in the full legal
text.
Protocols:
on the role of National Parliamentsin the EU,
on the application of the principles of subsidiarity and proportionality ,on the application of the principles of subsidiarity and proportionality ,
on the statute of the Court of Justice of the EU,
on the statute of the European System of Central Banks and of the European Central Bank,
on the statute of the European Investment Bank,
...
Annexes
Annex I lists agricultural and marine produce covered by the Common Agriculture Policy and the
Common Fisheries Policy.
Annex II lists the overseas countries and territories associated with the EU.
16
AcquisAcquis communautairecommunautaire
Acquis communautaire is a French term referring to the cumulative body of European Community laws, comprising the EC’s objectives, substantive rules,
policies and, in particular, the primary and secondary legislation and case law – all of which form part of the legal order of the European Union. This includes all the
treaties, regulations and directives passed by the European institutions, as well as judgements laid down by the European Court of Justice. The acquis is dynamic,
constantly developing as the Community evolves, and fundamental.
17
All Member States are bound to comply with the acquis communautaire.
The term is most often used in connection with preparations by candidate countries to join the Union. They must adopt, implement and enforce all the acquis to be
allowed to join the EU. As well as changing national laws, this often means setting up or changing the necessary administrative or judicial bodies which oversee the
legislation.That part of the acquis communautaire, which is concerned with regulation of
employment and industrial relations, constitutes the foundation for Europeanisation of employment and industrial relations in the Member States of the EU, and the
basis for a European system of employment and industrial relations.
European Court of European Court of
JusticeJustice
The European Court of Justice (officially the Court of Justice), is the highest court in the European Union in matters of European Union law.
The Court of Justice of the European Union is tasked with interpreting EU law and ensuring its equal application across all is tasked with interpreting EU law and ensuring its equal application across all EU member states.
The Court was established in 1952 and is based in Luxembourg. It is composed of one judge per member state — currently 28 — although it normally hears cases in panels of three, five or thirteen judges.
The court has been led by President.
National legislation
include:
Binding regulations approved by
local authorities
Laws approved by Saeima
(Latvian Parliament)
Regulations approved by the
Cabinet of Ministers
(state government)
BASE OF THE NATIONAL LEGISLATION IN LATVIABASE OF THE NATIONAL LEGISLATION IN LATVIA
Constitution
Laws
Regulations
Cabinet of Ministers
Binding regulations
local authorities
19
Hierarchy of the legislation in Latvia
Saeima - Parliament of the Republic of Latvia
ENVIRONMENTAL PROTECTION AS AENVIRONMENTAL PROTECTION AS A
CONSTITUTIONAL NORMCONSTITUTIONAL NORM
Article 115 of the Constitution of the Republic of Latvia stipulates:
”The State shall protect the right of everyone to”The State shall protect the right of everyone to
live in a benevolent environment by providing
information on environmental conditions and by
promoting the preservation and improvement of
the environment”.
Cabinet of Ministers of the Republic of Latvia
Riga Town Hall
Environmental legal protection is associated withboth environmental and natural resource protection and sustainable use, and the protection of human health from harmful environmental factors in the following environment-related areas:
• water protection,• soil protection,• protection against noise,• ambient air protection,• nature and biodiversity conservation,• waste management,• turnover of chemical
AAIMS OF THE ENVIRONMENTAL PROTECTIONIMS OF THE ENVIRONMENTAL PROTECTION POLICY IN POLICY IN LATVIALATVIA
24
environment-related areas: • turnover of chemical substances and products,• turnover of genetically modified organisms,• emissions and releases into the environment,• environmental impact assessment,• access to environmental information,• public participation in environmental decision making.
In general, environment refers to:
� the surroundings of an object,
� the natural environment,
� all living and non-living things that occur naturally on Earth.
LEGISLATION OF ENVIRONMENTAL PROTECTIONLEGISLATION OF ENVIRONMENTAL PROTECTION
25
For the purpose of the law, ‘the environment’ is taken to mean an aggregate of natural, anthropogenic and societal factors .
Obviously, ‘the environment’ includes not only natural factors (the natural
environment), but also human beings and their impact on the natural environment.
The countries that belong to the continental European civil law system have codified laws, which are often referred to as codes. In several countries, there are civil and criminal as well as environmental law codifications. For example,
Germany, France and Sweden have environmental codes.
Latvian environmental regulatory standards are included not just in one but in several laws: the Environmental Protection Law, the Law on Pollution, the Law on the Conservation of Species and Biotopes, the Law on Specially Protected
UNDERSTANDING OF THE LAWUNDERSTANDING OF THE LAW
26
The laws of such countries as the United Kingdom and United States, in turn, belong to another group of Western law – the English-Saxon common law
system. In this group of laws, the basic recognised sources of law are both the laws adopted by the parliament (legislative statutes) and judicial precedents. Therefore, in these countries, the so called rights of judges have significantly
greater weight than in continental Europe.
on the Conservation of Species and Biotopes, the Law on Specially ProtectedNature Territories, the Protection Zone Law, the Waste Management Law.
Human behaviour is governed by different types of rules – from etiquette and morality to legal provisions.
However, only the legal provisions are contained in the sourc es of law and are binding .
Environmental laws are primarily focused on solving environmental problems and include measures that should be taken in order to prevent known environmental
UNDERSTANDING OF THE LAWUNDERSTANDING OF THE LAW
27
include measures that should be taken in order to prevent known environmental problems.
Compliance with the requirements of legal provisions makes possible to eliminate environmental damage or to reduce its impact.
To prevent human-created environmental problems successfully, we need to develop a strategy to change human
behaviour, making it more environment-friendly.
In general, environmental law is primarily rules of conduct in
environmental legislation
The law may set a binding framework, within which
• economic,• technical,
STRATEGICAL CHARACTER OFSTRATEGICAL CHARACTER OF RIGHTSRIGHTS AND AND RESPONSIBILITIESRESPONSIBILITIES
28
• technical, • informative, • educational
and • other measures
are often implemented for their environmental value.
Since law is the most effective regulator of social behaviour, it is widely applied in order to change social behaviour patterns in the use of the environment.
The desired behaviour can be achieved with two kinds of methods, working as a
‘pie’ or a ‘whip’.The ‘whip’ strategy, incontrast, provides for
measures preventSpecific, environmentally
harmful actions.The ‘pie’ strategy
STRATHEGICAL METHODS FORSTRATHEGICAL METHODS FOR IMPLEMENTATION OF IMPLEMENTATION OF LAWSLAWS
29
These measures have to be such that the disadvantageous consequences
of environ mentally unfriendly actions would inhibit people from these
actions.
The ‘whip’ strategy is most commonly used in the provisions that impose
penalties or other coercive measures for non-compliance with
environmental protection requirements.
The ‘pie’ strategymeans that the law stimulates theimplementation of environment-friendly behaviour in a waythat compliance with environmental protectionrequirements is beneficial.
implemented by specialised state or
municipal environmental protection authorities
adopted by thelegislator
Usually, environmental law
drafts are developedby
executive powers or politicians
IMPLEMENTATION OF LAWS AND REGULATIONSIMPLEMENTATION OF LAWS AND REGULATIONS
30
Unlike it is with other social norms, the compliance with legal provisions can be enforced by compulsion. Therefore, only the law has a specific
implementation process – the legal provision.
Legal provision is a mechanism for ensuring thecompliance with legal provisions or their
fulfilment.
In order to make this process work, the state has created relevantinstitutions (authorities) which have
courts
police
LEGAL PROVISIONLEGAL PROVISION
31
The coercion mechanism grants the state (the law enforcement bodies) thelawful right to apply coercive measures against the violators or non-observers
of the law. The coercive measures themselves are established by the law,and they are quite different.
institutions (authorities) which havebeen granted a monopoly of coercion:
specialised state environmentaldepartments
prosecutor’s office
The state has the right to monitor the compliance with environmental legislation.Such control can be exercised by state environmental inspectors.
If non-conformities with the requirements of environmentallegislation are found during inspections, state environmental inspectors may, for example:
� issue binding injunctions (administrative acts) for temporary suspension of the company’s operations,
CONTROL OF THE COMPLIANCE CONTROL OF THE COMPLIANCE WITH ENVIRONMENTAL LEGISLATIONWITH ENVIRONMENTAL LEGISLATION
32
Although the law also provides for criminal liability for environmental legislation offences, in practice the environmental regulatory violations are classified
primarily as less serious violations.The most common punishment for environmental violation is an administrative
fine, whose amount is usually fixed by the law.
suspension of the company’s operations,
� draw up statements of the cases for less grievous (administrative) violations,
� impose statutory administrative penalties for these violations.
Environmental science and environmental law each has its own specific tasks.
Environmental science explains and forms understanding about the processes taking
place in the natural environment, interaction going on among the elements of nature and
between humans and the natural environment.
The task of the law is to regulate social relations for the purpose of protecting
and improving the environment and to solve the
related disputes.
LAW AND ENVIRONMENTAL SCIENCELAW AND ENVIRONMENTAL SCIENCE
33
environment. related disputes.
Although the environmental science and law are quite different areas, they are at the same time closely related.
Regulation of social relations in such a way that human activity would not have any destructive environmental impact is possible only if both the legislature and general
public have an understanding of the processes in the environment
and their causes.
Regulating social relations, the law as such is silent on
ethical issues
Is it acceptable to degrade thenatural environment and to What is the moral
LAW AND ENVIRONMENTAL ETHICSLAW AND ENVIRONMENTAL ETHICS
34
Answers to these questions should be sought in
environmental ethics.
natural environment and to consume a large part of
the planet’s natural resources during one generation ?
What kinds of actions in relation to nature should be regarded as
good or bad ?
What is the moralvalue of nature ?
Environmental law is based on two main conceptions of environmental ethics – anthropocentrism and
ecocentrism.
Ecocentric approach: the environment (nature) hasan intrinsic value in itself;
Anthropocentric approach: the
CONCEPTIONS OF ENVIRONMENTAL ETHICSCONCEPTIONS OF ENVIRONMENTAL ETHICS
35
an intrinsic value in itself; therefore, the humanresponsibility is to protect it without regard to thebenefits humans could obtain from it, and to providefor the possibility to exist not only for humans butalso for other living beings.
approach: theenvironment should be protected in the interests of human welfare – today’s environmentalprotection conserves environmental resources forfuture consumption.
Contemporary environmental law is primarily anthrop ocentric !
Environmental protection principles are guiding ideas on the basis of which the state develops its environmental policy.
Compared with legal provisions as sufficiently clear rules of conduct, the environmental protection principles are more abstract.
LEGAL PRINCIPLES OF ENVIRONMENTAL PROTECTIONLEGAL PRINCIPLES OF ENVIRONMENTAL PROTECTION
36
Principles are often considered as an intermediate stage between environmental policy and environmental law.
There are several environmental protection principles effective in the European legal space
‘polluter pays’ principle
principle of high level of environmental protection
principle of preventive action
precautionary principle
The precautionary principle does not allow to start on an environment-affecting action until the information has been obtained as to how high a risk exists and
what measures have to be taken to reduce it.The aim of the precautionary principle is not to permit certain actions only when
the risk to the environment or human health is equated to zero, but to assess the magnitude of the risk and, in case of need, take the necessary measures.
If the research process reveals a threat, the precautionary principle calls for precautionary measures, despite the fact that there is some uncertainty as to whether the risk is indeed real.
PRECAUTIONARY PRINCIPLEPRECAUTIONARY PRINCIPLE
37
whether the risk is indeed real.
Example
Manufacturers and importers of chemical substances guarantee their productsafe use, that is, prove that the substance is not hazardous.
Now the European Union law has brought new binding requirements based on the precautionary principle – over 30 thousand existing and new chemical substances will have to be tested with regard to their effect on human health.
It is no longer the country but manufacturers and importers of chemical substances who must obtain certain information on the properties of these substances and test them to determine their impact on the environment and humans.
The principle of preventive action requires to prevent pollution or other harmful impacts on the environment or human health as much as possible,or, if it is unfeasible, then at least to prevent further spreading of these harmful effects and their negative consequences.
The principle of prevention combines two EU environmental protection principles – the principle of preventive action and the principle of causation.
TTHE PRINCIPLE OF PREVENTIVE ACTIONHE PRINCIPLE OF PREVENTIVE ACTION
38
– the principle of preventive action and the principle of causation.
ExampleWaste should be processed and disposed of as close to its place of origination as possible (the proximity principle).
Each state or local government should, as far as practicable, by itself treat and manage in an environmentally sound manner the waste generated at its territory (the self-sufficiency principle).
The assessment principle prescribes: if the consequences of an action or project can significantly affect the environment or human health, they must be assessed before such an action or project is permitted (commenced).
If it becomes evident after the assessment that the action or project in question will adversely affect the environment or human health,
the government may allow it on condition that the
TTHE ASSESSMENT PRINCIPLEHE ASSESSMENT PRINCIPLE
39
“The expected positive result for societyas a whole” may be related to the implementation of
economic interests, such as the construction of roads,dams, pipelines, nuclear power plants.
the government may allow it on condition that the expected positive result for society as a whole will exceed the harm that the respective action or project will have caused to the environment and society.
“The polluter pays” principle requires that the costs of assessment, prevention and mitigation of pollution as well as the costs of elimination of its effects are borne by the person whose activity has caused the
pollution in question.
Persons – individuals or companies – whose actions have caused harm to the environment, i.e., such detectable changes in the environment that are likely to have significant negative impacts on both human health and also the environment (e.g., waters, specially protected areas, species, habitats) are required to restore the
““TTHE POLLUTER PAYS” PRINCIPLEHE POLLUTER PAYS” PRINCIPLE
40
To put ‘the polluter pays’ principle into effect, it is important to
determine who is the polluter and for what the polluter must pay.
waters, specially protected areas, species, habitats) are required to restore the previous state of the environment, covering the pollution removal and environment
restoration costs.
If the actual polluter does not exist anymore, and the contaminated site does not have another owner, the clean-up of the contaminated site has to be covered from the state budget.
Deepwater Horizon off-shore drilling rig on fire, Gulf of Mexico, 2010.
Environmental quality is affected by differentfactors:
� pollution,� excessive deforestation, � land cultivation and unreasonable fertilisation,� use of substances or organisms foreign to the natural environment.
LEGAL REGULATION OF ENVIRONMENTAL PROTECTIONLEGAL REGULATION OF ENVIRONMENTAL PROTECTION
42
To encompass all these and other factors, several approaches and measures are used in the legal regulation of environmental protection:
1) state exercises control over the polluting activities, 2) the ecosystem approach,
3) regulations for various state and local government decision-making processes.
All three approaches are used in the normative regulation of environmental protection. However, going back to the beginnings of environmental laws,
it is possible to trace their changes and developments over time.
Initially, environmental legislation was focused on controlling the pollution from industrial enterprises.
DEVELOPMENT OF THE APPROACHESDEVELOPMENT OF THE APPROACHES
43
- gathering and analysis of information,- planning and execution of measures,- making transparent planning process by involvingthe community.
Then it became clear that other economic activities also degrade the environment.
Therefore, the legislature began to set forth the objectives tobe attained within specified periods of time and to
require complex measures:
LEGAL REGULATIONINSTRUMENTS:
Binding regulatory requirements –
standards
Voluntarily made commitments – self-regulation
LEGAL REGULATION OF ENVIRONMENTAL PROTECTIONLEGAL REGULATION OF ENVIRONMENTAL PROTECTION
44
standards
Binding regulatory requirements are also called standards. Often they are regarded as the core of environmental law,
because they, as the means of ‘command and control’, directly set forth certain requirements (standards) for environment-polluting
activities, substances and products, as well as for the implementation and application of environmental regulations.
ENVIRONMENTAL LEGISLATION INSTRUMENTSENVIRONMENTAL LEGISLATION INSTRUMENTS
45
There are several categories of standards: emission standards for the permissible pollution that can be released from the end-of-pipe of industrial facilities into the
environment; the environmental quality standards for such environmental components as air, surface and ground water and soil; standards for different
processes, requiring the use or abandonment of specific technologies, materials or practices.
For example, there are requirements to use the ‘best available technologies’ or specific fishing gear and dragnets with specific mesh
sizes in fishery.
Another forms of self-regulation are:
-environmental audit, which is carried out within the framework of the environmental management and audit
Voluntarily made commitments (self-regulation). Self-regulation is rooted in the idea that enterprises voluntarily assume additional commitment for environ mental protection.
ENVIRONMENTAL LEGISLATION INSTRUMENTSENVIRONMENTAL LEGISLATION INSTRUMENTS
46
system established by law;
eco-labelling, which provide consumers with information on the environmental impact of products.
In Europe, a transition to a new public management model took place in the 90s of the 20th century. In accordance with this model, publicmanagement takes over the management style typical to the private
sector, i.e. it is aimed at economy and effciency.
Ecoproduct by Latvia
Scandinavian eco-label
ECOECO--LABELLINGLABELLING
47
Nordic Swan – Scandinavian
eco-label by Nordic Council
European Union official eco-label
Blue Angel – German environmental label
The authority of public opinion is crucial in environmental protection.
Environmental laws can have the necessary support and effect only if the majority of society understands the importance of favourable environment for human life and the need to preserve the environment.
DIALOGUE WITH SOCIETYDIALOGUE WITH SOCIETY
48
Public pressure often expedites the drafting and adoption of laws.
There are such legal provisions today, whose implementation is not even possible without public activities. A vivid example is the Aarhus
Convention on public rights in environmental matters.Aarhus Convention deals with environmental protection in close relation
with human rights.
The Aarhus Convention is particularly significant, as it not so much prescribes mutual obligations for the participating countries than determines the basic
principles how to form relations between the state and the public in the area of
environmental protection, establishing an internationally recognised standard.
Aarhus Convention guarantees the public (any of its member) the
following individual rights:
Aarhus ConventionAarhus Convention
49
The Aarhus Convention is based on the idea that if the public is active and well-informed, it can be a powerful force in sustainable and environment-friendly
development. Therefore, the members of society are not required to provide reasons as to why they need any specific environmental info rmation.
following individual rights:
� the right to access environmental information at the disposal of the state;
� the right to participate in environmental decision-making;
� the right to apply to court in environmental matters.
The public has a right to participate:
� in adopting environment-related decisions,
� on issuing permits for polluting activities or construction of major infrastructure objects,
� in the environmental impact assessment process.
PUBLIC RIGHT TO HAVE ENVIRONMENTAL INFORMATIONPUBLIC RIGHT TO HAVE ENVIRONMENTAL INFORMATION
50
The institution that takes the decision, in turn, h as an obligation to take into account and evaluate these opinions and concerns.
Furthermore, if the institution rejected the people ’s protest against the proposed project, it is obliged to give reasons for such rej ection.
If these public rights are violated, everyone, incl uding non-governmental organisations (environmental associations), is enti tled to apply to court to protect the
infringed public rights.
Exercising their rights to participation, members of the public may express their opinions and concerns with regard to the proposed plans, projects or activities.
THANK YOU FOR ATTENTION !THANK YOU FOR ATTENTION !