In our world environmental protection has an always growing importance, first of all through the social and market regulatory function of the state. A good sign of it is that environmental legislation comes to nearly one-seventh of the acquis communautaire of the European Community, thus it is extensive even on its own. Besides, the number of environmental cases of the European Court of Justice - more than one-fith of all cases - proves itself that the practical implementation of the states and other legal subjects is far from being satisfactory.
These cases point to the inadequacy of implementation and stress the role of interpretation, mostly judicial interpretation. This shall also be underlined by the fact that the judicial practice is just as important part of Community law as the legislation; moreover, this practical interpretation makes the general provisions of the legal norm more comprehensible. The book analyses this judicial practice by using a different method as it was customary, thus not along the line of environmental elements and effects, but through the system of legal instruments. The research has been focused on the interpretation of legal measures, instruments of secondary Community legislation, which measures also form the part of domestic legal system, with a different emphasis. The role of the preamble is far more important within Community law than in a domestic system, while it is the other way round in case of regulating the authority of liability. The instruments of secondarylegislation are not examined by the interpretation of the authors themselves, but in the light of the selected judgments (137 cases) of the Court, thus taking that interpretation into considerationwhich is the only authentic within the Community. Within the judgments there are old, well-known ones and also new ones, all introduced in a different perspective. the authors take the foundation of principle, the guidance - preamble, scope, principles - highly important, as this provides the basis of proper transposition, implementation of the given legal norm. The present book may thus either be used by education, legal science and also by the everyday legal practice, looking for the smart interpretation. We thank the Jean Monnet Programme of the EC Commission for supporting the composition of this book.
A kötet adatai:
Formátum: 17x24 cm
Megjelenés éve: 2008
Terjedelem: 280 oldal
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