1. 28th Cairo Climate Talks, January 27, 2015
Legal Governance of Environmental Protection – the German Case
Ralf Becker
Section Environmental Law
Federal Environment Agency

2. Overview Obligation to Environmental Protection
Legal Governance of Environmental Protection – the German Case
Overview
Obligation to Environmental Protection
Environmental Legislation
Environmental Administration
Participation in Environmental Matters
Access to Justice in Environmental Matters
Conclusions
28th Cairo Climate Talks

3. Obligation to Environmental Protection (1)
Legal Governance of Environmental Protection – the German Case
Obligation to Environmental Protection (1)
Constitution: Basic Rights
Article 2 Basic Law: Right to life and physical integrity and
Article 14 Basic Law: Guarantee of property
Obligation of the state to protect
Justification for interventions by the state
Defensive right against actions of state, including authorizations of private projects
No basic right to environmental protection
28th Cairo Climate Talks

4. Obligation to Environmental Protection (2)
Legal Governance of Environmental Protection – the German Case
Obligation to Environmental Protection (2)
Constitution: Article 20a Basic Law
“Mindful also of its responsibility toward future generations, the state shall protect the natural foundations of life and animals by legislation and, in accordance with law and justice, by executive and judicial action, all within the framework of the constitutional order.”
National objective
Interest of constitutional rank
Task for legislative, executive and judiciary
Demands improvement, prohibits deterioration
28th Cairo Climate Talks

5. Obligation to Environmental Protection (3)
Legal Governance of Environmental Protection – the German Case
Obligation to Environmental Protection (3)
Obligation to Environmental Protection
Basic Rights
National objective
Wide scope for implementation
No precise requirements level of protection und instruments used
Special duty of care
28th Cairo Climate Talks

6. Environmental Legislation (1)
Legal Governance of Environmental Protection – the German Case
Environmental Legislation (1)
Comprehensive Portfolio
Developed since the 1970s by parliamant
Driven by Basic Law
Driven by general political consensus: environmental protection is
A core task of the state
Is in the interest of society
General environmental law
Environmental assessments
Environmental information
Administrative procedures and participation
Access to justice
Specific environmental law, e. g.
Immission control
Water protection
Renewable energy
But also e. g. building code, criminal law, tax law
28th Cairo Climate Talks

7. Environmental Legislation (2)
Legal Governance of Environmental Protection – the German Case
Environmental Legislation (2)
Basic Principles:
Precautionary principle
Polluter pays principle
Principle of cooperation
28th Cairo Climate Talks

8. Environmental Legislation (3)
Legal Governance of Environmental Protection – the German Case
Environmental Legislation (3)
Instruments:
Range of instruments
Environmental planning
Environmental impact assessment
Direct influence on behaviour: command and control
Indirect influence on behaviour: economic incentives
Informational instruments
Choice depending on environmental area, aims and effectiveness
Mixes of instruments
28th Cairo Climate Talks

9. Environmental Administration
Legal Governance of Environmental Protection – the German Case
Environmental Administration
Application of Environmental Legislation
Competency
Guidance and infornation
Compliance monitoring
Enforcement where breaches occur:
(Temporary) prohibition of operation
Closure of operation
Withdrawal of permission
Administrative fines
28th Cairo Climate Talks

10. Participation in Environmental Matters
Legal Governance of Environmental Protection – the German Case
Participation in Environmental Matters
Different types of participation, e. g.
Persons affected in individual rights
Participation of the public
Participation of environmental organziations
Different procedures
Licensing procedures
Environmental impact assessment
Planning procedures
Information and objection
Functions:
Safeguard for rights
Control of administration
Enlargement of knowledge basis
Acceptance for environmental Law
28th Cairo Climate Talks

11. Access to Justice in Environmental Matters
Legal Governance of Environmental Protection – the German Case
Access to Justice in Environmental Matters
Access to courts for individuals
Individuals with an obligation under environmental law
Individuals affected in their individual rights
Access to justice for environmental organisations
Appeals against environmental decicions
Individual rights of third persons
Also provisions of environmental law relevant to permission
28th Cairo Climate Talks

12. Legal Governance of Environmental Protection – the German Case
Conclusions
Legal Goverance of Environmental Protection: Several Dimensions
Different levels of law
Different fields of law
Different instruments
Different actors
28th Cairo Climate Talks

13. Thank you for your attention!
Ralf Becker
/ Hier steht der Veranstaltungstitel in 12 Punkt