Lawyers plan to stop UK dropping EU rules on environment after Brexit

Sep - 18
2017
UK dropping

Lawyers plan to stop UK dropping EU rules on environment after Brexit

Lawyers plan to stop UK dropping EU rules on environment after Brexit

UK dropping: A working group of environmental lawyers is developing plans to prevent EU standards that protect rivers, wildlife, coasts and air quality can be abandoned by the government after Brexit.

The EU is the largest source of environmental protection in the UK and in 40 years, acted as a responsible control and enforcement body, with powers to fine Member States for violation of the Act.

But the process of transferring laws, directives, regulations and principles of the EU, such as the polluting, paid in British law in the Government’s large draft law to repeal this huge challenges, lawyers say that the environment . It is feared that the complexity and scope of work, and political resistance to European regulations will mean that key protections are lost during investment in national legislation.

Richard Macrory, professor of environmental law at the University College London, heads the lawyers of the working group. He said: “The last thing we want to find in Britain is a series of legal gaps in protection. Overthrow [the revocation project] will live in some areas and more difficult in others and … in some areas, unless there are Special agreements with the EU, it will not be easy. ”

 

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Its team is made up of members of the UK Environmental Law Association (Ukela).

More than 1100 concern the EU environment legislation. These include regulation of chemicals, maritime and coastal policies, laws on noise pollution, soil quality, waste and recycling, air quality, climate change and species protection.

One of the key areas in which Brussels has been responsible for the last 40 years is the implementation of legislation through the European Commission and the Court of Justice of the European Union – When it is brought against Member States that have not complied with their Obligations can be taken.

After Brexit, there will be no equivalent control and performance body, with the power to impose fines to ensure that the British government complies with environmental protection.

Macrory said most of the cases brought before the commission in the past had involved the environmental sector.

“One of the most important functions of the EU is to monitor how Member States implement their obligations,” he said. “These processes apply to all areas of the law, but most cases were introduced in the environmental sector.There is a reason for this.In most areas of law, there are economic and legal interest groups Very clear to protect their rights.

However, he said the environment was not the owner and, quoting the veteran environmental lawyer Ludwig Krämer, added: “The environment is dying in silence.”

Ministers said this year in the House of Lords that the role of enforcement could be carried out by British courts through judicial review raised by non-governmental organizations or individuals. But Macrory said it was expensive and complicated.

“So something will reproduce after Brexit?” He said. “The government’s response to date has been quite unimaginable and minimalist – they say we can count on the NGO review.

 

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“We wonder if the judicial review is a sufficient substitute for a more systematic and independent oversight function of the commission.”

A judicial review – which costs at least thousands of pounds – was compared with a citizen complaint that individuals can take to the European Commission for the price of a stamp if they believe that their government has not respected the environmental laws or broken patents environment.

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