ΠΜΣ Διεθνείς και Ευρωπαϊκές Σπουδές
Library of the Faculties of Political Science and Public Administration, Communication and Mass Media Studies, Turkish and Modern Asian Studies, Sociology

2015-11-25

2015

Ανδρουτσοπούλου Ελένη

Εμμανουέλα Δούση. Αναπληρώτρια καθηγήτρια. Τμήμα Πολιτικής Επιστήμης και Δημόσιας Διοίκησης. ΕΚΠΑ

Η περιβαλλοντική ευθύνη στην Ενωσιακή και στην Ελληνική έννομη τάξη: ζητήματα ενσωμάτωσης και προβλήματα εφαρμογής

Greek

The huge ecological disaster caused by serious environmental accidents, which have taken place in recent decades, awakened consciences and triggered the reaction of public opinion which resulted in a quick recognition of the need to assign liability for environmental degradation to the polluter. After a long period of consultation, the European Community adopted Directive 2004/35/EC in order to establish an environmental liability regime for the prevention and remedying of environmental damage, where the polluter will bear the cost of 'treating' the environment. The Directive 2004/35/EC embedded fundamental environmental principles of Community law whose cardinal is the 'polluter pays' principle.
Member States were obliged to transport the Directive into domestic law until April 2007. Our country, although belatedly, transposed the Directive by Presidential Decree 148/2009. The Presidential Decree introduced in the "environmental affairs" of our country an innovative system of liability. Until now the Presidential Decree has been applied in several cases of environmental degradation, among which is the case of extensive pollution of the Asopos River, which has concerned intensely both public authorities and citizens.
The first part of this study presents the environmental liability regime, as established by the EU law, starting from the first steps in establishing such a regime and ending in Directive 2004/35/EC. An in depth presentation of the liability regime established by the Directive is being attempted, while studying its role and importance in the environmental protection, and exposing the difficulties in the Directive’s implementation. The second part exposes the transposition of the Directive into Greek law by Presidential Decree 148/2009, stressing those points where the Greek legislator, using the supplied discretion, makes certain differentiations in the enacted liability regime. Finally, the case of pollution of the Asopos river is being presented to demonstrate the application or the failure to implement the system introduced in practice.

Social, Political and Economic sciences

Environment
Environmental Law

environmental liability, Asopos, strict liability, directive 2004/35/EC

No

0

No

75

56

Local Digital Library

File access is restricted.

https://pergamos.lib.uoa.gr/uoa/dl/object/1450040