'Greek Soil Law' (original) (raw)

International Yearbook of Soil Law and Policy, 2017

Abstract

Greek Soil Law consists of statutory provisions on the prevention and remediation of adverse effects on soil, which are set out in a plethora of laws. These are the Environmental Protection Law, the legislation on Desertification and Drought, the legislation on Agriculture, the Legislation on Environmental Liability and the Legislation on Solid and Hazardous Waste. The relevant provisions, along with their sources, are described in this chapter. As court judgments on addressing soil-related legal issues are rather scarce and cryptic, some randomly selected administrative acts ordering soil remediation are portrayed and criticised in order to offer an insight to practice, highlight the strengths and weaknesses of the existing legal frame and offer some suggestions on questions currently open that need to be addressed. Greek Soil Law is not codified in a single statute, although that could be reasonably expected in view of the continental legal system of Greece and especially the strong influence of the German law tradition. The statutory provisions providing for duties and rights relating to controlling both nature- and man-caused adverse effects to the soil are foreseen in laws principally adopting a wider environmental protection aim or regulating human activities. Further, the majority of these laws are the result of the state complying with obligations deriving from public international law or the European Union, as Greece has joined the—then—European Communities in 1981. Hence, where applicable, the ratified international treaty or the implemented EU legislation is provided, along with the French and German terminology, for the purpose of ensuring excellent understanding of the legal terms. More specifically, the laws setting out soil-related provisions in the order examined therein are the Environmental Protection Law, which sets out a general frame for protection of the environment; the legislation on Desertification and Drought, which has been enacted in order to fulfil the state’s obligations after joining the United Nations Convention to Combat Desertification; the legislation on Agriculture, which regulates the use of fertilisers and livestock manure, as well as sewage sludge; the Legislation on Environmental Liability, which implements the Environmental Liability Directive of the European Union; and the Legislation on Solid and Hazardous Waste, which contains provisions vital to soil remediation.

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