The Polluter-Pays Principle and Site Ownership : the European Jurisprudential Developments and the Italian Experience
Articolo
Data di Pubblicazione:
2016
Citazione:
The Polluter-Pays Principle and Site Ownership : the European Jurisprudential Developments and the Italian Experience / F. Goisis, L. Stefani. - In: JOURNAL FOR EUROPEAN ENVIRONMENTAL & PLANNING LAW. - ISSN 1613-7272. - 13:2(2016), pp. 218-237. [10.1163/18760104-01302006]
Abstract:
Drawing upon the European Court of Justice jurisprudence on the Environmental
Liability
Directive, the present contribution intends to discuss the prospects for establishing
a relation of coherence between the polluter-pays principle and remediation
procedures; throughout the discussion, a particular attention will be dedicated to the
legislative and jurisprudential perspective of Italy on the position of the soil owner
with respect to remediation of pollution he did not contribute to. Recent jurisprudential
developments conferred new impulse to the debate revolving around the scope
and significance of the polluter-pays principle; in particular, ecj, case C-534/13 offers
scope to discuss the possibility of, and profitability for, the codification of a benchmark
for soil owner’s liability: the conferral of a “warranty position” to the soil owner
may eventually be grounded on the assessment of his causal contribution by means
of omission.
Tipologia IRIS:
01 - Articolo su periodico
Keywords:
Italian Environmental Law; Land Owner; Liability; Polluter-pays Principle; Remediation
Elenco autori:
F. Goisis, L. Stefani
Link alla scheda completa: