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The Extraterritorial Reach of EU Environmental Law and Access to Justice by Third Country Actors

Dates:
  • Thu 08 Feb 2018 16.20 - 17.20
  Add to Calendar 2018-02-08 16:20 2018-02-08 17:20 Europe/Paris The Extraterritorial Reach of EU Environmental Law and Access to Justice by Third Country Actors

Abstract:
The EU conducts its external relations through different types of tools, including through unilateral domestic measures with extraterritorial implications that extend its regulatory power to processes occurring partly abroad. These are increasingly prevalent in the area of environmental protection, including climate change. Examples include the sustainability criteria for biofuels, the inclusion of aviation emissions in the EU emissions trading system, ship recycling, exports of electrical and electronic waste and imports of timber. Because these measures are unilateral in nature, developed within the EU legal order, but have important legal and policy effects beyond EU borders, they can raise complex legitimacy questions about the EU exporting its values and may give rise to an external accountability gap. The role of EU administrative law, which controls the exercise of EU public power, is important in ‘disciplining’ the exercise of EU power beyond EU borders and filling this gap. The paper explores some of the novel regulatory techniques employed in these kinds of internal measures to conduct external action and how administrative law responds to their complexities. It focuses on access to justice in the EU legal order in exploring the extent of an external accountability gap. The constraints of accessing the EU judicial system may accentuate the external accountability gap if the EU cannot be held into account on the basis of its own rule of law by third country actors affected by its action.

Short Bio of the speaker:
Ioanna Hadjiyanni is a Max Weber Post-doctoral fellow at the EUI at the department of Law. She received her PhD from the Dickson Poon School of Law, King’s College London in June 2017. Her thesis investigated the legality and legitimacy of the EU’s exercise of global regulatory power through domestic environmental regulation with extraterritorial impacts. Her principal research interests concern the extraterritorial reach of EU environmental law beyond EU borders through unilateral trade-related environmental and climate change measures. Her broader research and academic interests extend to EU administrative, constitutional and external relations law, international public law, as well as the intersection of international trade and environmental protection within the World Trade Organisation. Prior to joining King’s, she was a Schumann trainee at the Committee on Petitions at the European Parliament. Ioanna holds a Master of Laws (LLM) in Environmental Law and Policy from University College London and an LLB in English and European Law from Queen Mary University of London.

Sala del Torrino , Villa Salviati DD/MM/YYYY
  Sala del Torrino , Villa Salviati

Abstract:
The EU conducts its external relations through different types of tools, including through unilateral domestic measures with extraterritorial implications that extend its regulatory power to processes occurring partly abroad. These are increasingly prevalent in the area of environmental protection, including climate change. Examples include the sustainability criteria for biofuels, the inclusion of aviation emissions in the EU emissions trading system, ship recycling, exports of electrical and electronic waste and imports of timber. Because these measures are unilateral in nature, developed within the EU legal order, but have important legal and policy effects beyond EU borders, they can raise complex legitimacy questions about the EU exporting its values and may give rise to an external accountability gap. The role of EU administrative law, which controls the exercise of EU public power, is important in ‘disciplining’ the exercise of EU power beyond EU borders and filling this gap. The paper explores some of the novel regulatory techniques employed in these kinds of internal measures to conduct external action and how administrative law responds to their complexities. It focuses on access to justice in the EU legal order in exploring the extent of an external accountability gap. The constraints of accessing the EU judicial system may accentuate the external accountability gap if the EU cannot be held into account on the basis of its own rule of law by third country actors affected by its action.

Short Bio of the speaker:
Ioanna Hadjiyanni is a Max Weber Post-doctoral fellow at the EUI at the department of Law. She received her PhD from the Dickson Poon School of Law, King’s College London in June 2017. Her thesis investigated the legality and legitimacy of the EU’s exercise of global regulatory power through domestic environmental regulation with extraterritorial impacts. Her principal research interests concern the extraterritorial reach of EU environmental law beyond EU borders through unilateral trade-related environmental and climate change measures. Her broader research and academic interests extend to EU administrative, constitutional and external relations law, international public law, as well as the intersection of international trade and environmental protection within the World Trade Organisation. Prior to joining King’s, she was a Schumann trainee at the Committee on Petitions at the European Parliament. Ioanna holds a Master of Laws (LLM) in Environmental Law and Policy from University College London and an LLB in English and European Law from Queen Mary University of London.


Location:
Sala del Torrino , Villa Salviati

Affiliation:
Department of Law
Max Weber Programme

Type:
Conference

Discussant:
Prof. Joanne Scott (EUI - Law Department)

Organiser:
Marie-Catherine Petersmann (EUI - Law Department)
Environmental Law Working Group (EUI - Law Department)

Contact:
Agnieszka Monika Lempart (EUI - Department of Law) - Send a mail

Speaker:
Ioanna Hadjiyianni (Max Weber Fellow, Department of Law, EUI)

Attachment:
Paper
 
 

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Page last updated on 18 August 2017