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Essay / Research Paper Abstract
This 5 page paper considers the way the polluter pays principle and the precautionary principles appear in EU environmental law. The paper considers the attitude of member states and the trend towards a duel approach. The bibliography cites 3 sources.
Page Count:
5 pages (~225 words per page)
File: TS14_TEEUprecau.rtf
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Unformatted sample text from the term paper:
of the polluter pays principle and/or the precautionary principles we can consider how EU environmental law is implemented. The polluter pays principle
may be seen by many as an approach that would decrease pollution. Making those who create it pay for clearing up any damage they create. However, this is an approach
that is not seen very often. There are few examples of this principle in case law. If we look to the Dutch there are some cases, but in the most
part they are those which apply more to taxes rather than the direct polluter pays principle. They related to the payment of levies or taxes imposed by the authorities, such
as with the Lozingbesluit open teelt en veehouderij; the Discharge Decree. Here it is not even seen as a principle of law
that can have legal consequences. However, there were some cases where there was the mention of the polluter pays principle as in the case of ABR v S 28-01-1999, M
en R 1999/7-8, 65 (Lexis, 2004). It is worth noting that this is a principle that has been accepted in English and Scottish law, but even here, where there
is recognition of the principle it is often not enforced. The Environmental Protection Act 1990 (EPA) and other acts allow the polluters to be fined. However there have been numerous
cases where the fine has not matched the cost if the clean up operations. The same may have been seen in EU
law across the regions, where all legislation in individual in nation states is created under the principle of subsidiarity there are different approaches seen.
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