Empirical Characteristics of Environmental Law (In the Context of EU Law Standards)  Cover Image
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Емпирични характеристики на екологичното законодателство в контекста на европейските стандарти
Empirical Characteristics of Environmental Law (In the Context of EU Law Standards)

Author(s): Stefka Naumova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: European Environmental Law is a relatively new field. It has developed primarily under two European bodies: the Council of Europe and the European Community. The most important European Environment protection laws are the Berne Convention on the Conservation of European Wildlife and Natural Habitats and the European Community Directive on the Conservation of Natural Habitats and Wild Flora and Fauna of 1992 (CEO) 92/43/EEC. The European Union, unlike the Council of Europe, possesses extensive legislative, judicial and executive powers within its areas of competence. Article 130r-t of SEA inserted in the amended Treaty of Rome by the SEA grants general jurisdiction in all areas of environmental concern. Bulgaria is a European Union associated member. For this reason EU Environmental law should have a substantial import for Bulgaria. By adopting EU standards and harmonizing environmental laws which is required of all new Community members, Bulgaria would demonstrate fitness for EU entry. The analysis of operative legislation and judicial practice in safeguarding the environment in Bulgaria discloses purely judicial aspects of this problem of great importance. Special attention should be paid to its reflection on public opinion. The results of several legal-sociological research conducted during 1990 2000 are reported in the article. Special attention has been paid to the legal means for protecting the air, water and forests from pollution in the context of EU Environmental Law standards.

  • Issue Year: XLIII/2002
  • Issue No: 1
  • Page Range: 66-92
  • Page Count: 27
  • Language: Bulgarian