关于实施“欧洲绿色协议”跨越公法与私法界限的思考。

Tomasz Bojar-Fijalkowski
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引用次数: 1

摘要

气候变化给世界带来了新的挑战。欧盟的环境标准很高,是全球气候行动中最积极的参与者之一。我们目前正在目睹一个极其迅速的进程,将欧洲联盟的政治学说转变为严格的法律标准和法律制度。所谓的“欧洲绿色协议”在能源、废物、运输、建筑和电子设备等领域实施了可持续发展理念。实施“欧洲绿色协议”的工具之一是“循环经济”,根据欧盟法律,它严重干扰了企业家和消费者的经济自由。观察这些活动可能很有趣,尤其是从一定的距离和批判性的角度来看。本文致力于分析构成当前创建的“欧洲绿色协议”及其议程的选定法规。它还旨在表明法规对私法领域的干涉,而私法领域还不是环境法的领域。作者提出了一个假设,即逐渐违反公法和私法之间的传统界限,或者在欧洲联盟最近的环境立法中模糊了这一界限。对目前具有约束力的法规进行教条主义的法律分析以获得更充分的理解,也需要对早期法规应用历史法律方法。它们的共同适用使人们有可能表明专门用于执行欧洲联盟最新环境法律学说的新法律的方向。研究的布局及其结构都服从于这一目标。本研究以国内外有关商法、环境法和行政法的文献为基础。截至2021年7月31日的最新法律地位。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Reflections On Crossing The Boundaries Between Public And Private Law In Implementing The “European Green Deal."
Climate change brings new challenges to the world. With its high environmental standards, the European Union is one of the most active players in global climate action. We are currently witnessing an extremely rapid process of transforming the political doctrine of the European Union into hard-law standards legal system. The so-called "European Green Deal" implements ideas of sustainable development in the area of, among others, energy, waste, but also transport, construction and electronic equipment sectors. One of the instruments for implementing the "European Green Deal" is the "Circular Economy", which, using European Union law, profoundly interferes with the economic freedoms of entrepreneurs but also consumers. Observing these activities can be interesting, especially when viewed from a certain distance and critical perspective. This text is devoted to analysing selected regulations constituting the currently created "European Green Deal" and its agenda. It also aims to indicate regulations interference in the sphere of private law, which has not yet been so much the domain of environmental law. The author presents a hypothesis on a gradual transgression of the traditional boundary between public and private law or the blurring of that boundary in the case of recent environmental legislation of the European Union.The dogmatic-legal analysis applied to the currently binding regulations for a fuller understanding also requires the application of the historical-legal method to earlier regulations. Their joint application makes it possible to indicate the direction of the new law dedicated to implementing the newest environmental-legal doctrine of the European Union. The layout of the study was subordinated to this aim, as well as its structure. The study is based on national and international literature on business law, environmental law and administrative law. Legal status up to date as of 31.07.2021.
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