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Air pollution control policy in the Federal Republic of Germany
Environment Protection Engineering, 1986
HELMUT WEIDNER* AIR POLLUTION CONTROL POLICY IN THE FEDERAL REPUBLIC OF GERMANY This article pmyides an overview o f the bade air pollution control strategies and policies in the Federal Republic o f Germany. After a brief historical review o f air pollution control pniHht in this country a comprehensive description of the present system and its laws, standards, approaches, at w ell as the organisational structure are given.. Based on an investigation o f the actual effects o f air pollution control policy on emissions and the ambient sir qualify the achievements and shortcomings ate evaluated. The article ends with some recommendations for improving the effectiveness o f air pollution control policies. I, A Brief History of Air Pollution Control Policy in The Federal Republic of Germany 1* The Development of Programmes and Legislation Air pollution control has been a concern of German governments for a long time (1). As early as the 19th Century# German scientists conducted thorough investigations on the damage caused by smoke pollu tion. More systematic legislation directed towards air pollution prob lems caused by industrial establishments started with the "general trade regulation", enacted by the Prussian government in 1645. It established, inter alia, a permit system for designated facilities and authorised the responsible authorities to place conditions on emitting facilities. The basis principles of this law-like regulation were '«later transferred to the "trade regulation", of the Norddeutscher Bund
Environmental Law Review, 2020
This article explains the first German climate case filed against the Federal Government in the Berlin Administrative Court in 2018 and decided in October 2019. The article identifies and examines the key elements of the decision of the Berlin Court and it places the legal issues of the case within the relevant framework of German administrative court procedure law, administrative law and constitutional law. The case evolved around the legally binding force of a cabinet decision of the Federal Government which laid down the German greenhouse gas emissons reduction target for 2020. Despite the fact that the application was dismissed for lack of standing, some important legal developments can be derived from the judgment, especially in relation to justiciability of the case and the state’s duty to protect fundamental rights under the German Basic Law (Grundgesetz) in the climate change context. Just after the judgment was delivered, the German Federal Parliament (Bundestag) adopted th...
Historical Studies in the Natural Sciences, 2016
This essay examines the transformation of a local rule of thumb into a widely acknowledged meteorological law, generally known as Buys Ballot’s law. This law relates wind direction to atmospheric pressure. From 1857 to 1867, Christophorus Buys Ballot (1817–1890) actively lobbied in the international arena for his wind rule, which he regarded as a promising basis for a system of storm warnings. At the same time he was reluctant to generalize his rule beyond the Dutch boundaries or to make strong claims about its predictive nature. Initially he failed to interest foreign meteorologists in his work, partly because of a widespread scepticism with regard to meteorological predictions, and partly because some of his foreign colleagues favored competing theories. One of his main rivals in this respect was Robert Fitzroy, director of the British Meteorological Office, who had set up his own warning system. This practice provoked the wrath of the Royal Society, as its members regarded Fitzro...
Air Protection in the European Union Member States
Routledge, 2024
Member states of the European Union often label themselves as the world's top Green Leaders. Air Protection in the European Union Member States examines the EU members' air protection policies by taking into consideration wider political, social, and economic perspectives. The book is divided into four chapters, each focusing on different aspects of the European Union's environmental policies and the member states' air protection efforts: "Green and Smart-The Development of the European Union's Environmental Policies", "Ever Cleaner Union and the Air Protection Concept", "Trends of Air Pollution in the European Union-Comparative Perspective", and "In-Depth Case Studies". These chapters provide a comparative approach to emerging emission trends within the European Union, paying particular attention to key events spanning 2020-2023, such as the implementation of the Green Deal, the reinterpretation of the meaning of public health caused by the COVID-19 pandemic, and the strategic withdrawal from hydrocarbons accelerated by the outbreak of war in Ukraine. Throughout the book, three main categories of states are characterized: leaders, second-raters, and laggards. Air Protection in the European Union Member States presents a combination of general discussions, legislative analyses, comparative studies, and detailed case studies, demonstrating the origin, development, and trends in air protection policies within the European Union. This uniquely interdisciplinary book will be a vital guide for students, researchers, and teachers in the fields of global studies, international relations, and political and economic science.
Germany's response to COVID-19
Federalism and the Response to COVID-19, 2021
Germany was praised for its effective management of the first wave of the COVID-19 pandemic, which occurred from March to May 2020 (e.g., Oltermann 2020). Overall, infection and death rates remained relatively low, and hospitals were never overwhelmed. The second wave, however, hit Germany much harder. The country lost the gains made in the first wave in handling the crisis. Infection and death rates escalated in November and December 2020, and governments struggled to bring them down. Some hospitals had to stop admitting patients into emergency care. Despite several shutdowns, Germany's economy did reasonably well, however. After the first cases occurred at the end of January 2020, the first measures by governments in Germany were introduced in March 2020. They were similar to those in most other countries: bans on gatherings and events; closures of schools, restaurants, (non-essential) shops, and other premises; travel restrictions and closing of international (and some domestic) borders; procurement of protective personal equipment (PPE), ventilators, and tests. After a relaxation of most measures in summer, another partial lockdown was imposed in November, when the second wave hit, eventually turning into a hard lockdown including night-time curfews in hotspots (i.e., districts with a high incidence rate). In addition to these containment measures, a range of economic stimulus measures were adopted, such as support for businesses, tax cuts, and a furlough scheme. 1 Although Germany is a rather centralized federation (Kaiser and Vogel 2019), the distribution of powers in the event of a public health crisis puts most responsibility on the Länder, Germany's constituent units. The Länder decided on the introduction and easing of most measures. However, they coordinated their decisions, under the leadership of the federal government-especially in the beginning of the crisis and again, after a bumpy start, during the second wave. Rather similar measures were introduced, though the specifics and the timing varied. Coordination occurred mostly via the Conference of the Premiers of the Länder (Ministerpräsidentenkonferenz or MPK), which met frequently with the chancellor. Despite an, overall, coordinated approach to crisis management (Marx 2020), the Länder competed in lifting restriction measures in June. Some Länder also deviated from agreements with the federal government at the beginning of the second wave in October. Balancing fundamental rights and health protection, administrative courts overturned some measures. This further increased regional variation.
European Case Law Report December 2002-March 2003
Review of European Community and International Environmental Law, 2003
Approximation of laws-Directive 97/69/EC-Dangerous substances-More stringent national provisions-Application ratione temporis of Article 95 EC-Duty of cooperation-Conditions for the approval of new national provisions In this case, the Court rejected the appeal brought by Germany against a decision of the Commission which prevented Germany from making recourse to the socalled 'environmental guarantee'. It was the first time the Court had to review the application of Article 95 of the EC Treaty on the adoption and use of more stringent national provisions, which derogate from Community harmonization measures.
Available from: https://revistasdederecho.com/wp-content/uploads/2023/02/REDNMA-N-38-2022-5-17.pdf, 2022
This scientific study is dedicated to the management of activities for protection of the ambient air from pollution under secondary European law. Its actuality is determined by the increasing degradation of the state of this natural resource on a global level. The attention is paid to Directives 2008/50/EC and 2016/2284/EU, which have general meaning for the quality of the ambient air. Finally, some general conclusions and recommendations are given from the examined regulation. KEY WORDS: Management of Activities, Protection of the Air from Pollution, Secondary European Law.
Air Traffic Management in the Single European Sky: Standardisation of safety and liability issues
2012
This paper aims to analyse the European system of Air Traffic Management (ATM) as a specific case study of risk regulation in the framework of the European integration process. At the present, the implementation of the Single European Sky is a growing area of EU policy, which shows the potential and the difficulties of coordinating national competences in a supranational regulatory framework. This search for coordination has a direct impact on air traffic safety itself and it involves the development of risk mitigation policies at both the EU level and at the level of individual Member States. The existing trade off between risk and safety as conveyed by technology affects both the instruments and the content of risk management. Since the failure of safety measures when providing air services could result in disaster, regulation needs to address this issue. Two main questions assist in the implementation of the regulatory framework: what level of protection is appropriate against such uncertainty and the risks of possible catastrophic impact, and who bears the risk in case the delivered safety system fails. Precautionary safety standards on the one hand and liability remedies on the other are therefore addressed as the key issues for the regulation and distribution of risks. By focusing on these issues, the fragmentation of the current legal framework in ATM illustrates the current legal difficulties in the integration of the European skies.
The International Unification of Air Law
Law and Contemporary Problems, 1965
Page 1. THE INTERNATIONAL UNIFICATION OF AIR LAW PE a H. SAND* ... 'Lemoine, Des principes et mithodes dons le droit abien international, 4 REvuE FEAN9 AIE DE DROlT ARIEN 115 (950). "MARCEL LE GOFF, THE PRsEEr STATE OF AIR LAw 24 (950). ...