Journal of Agricultural and Environmental Law

Regulation of unlawful waste deposition in the Republic of Slovenia

Miha Juhart — 2024-06-30

The Republic of Slovenia transposed its obligations outlined in Directive 2008/98 to the Environmental Protection Act through a legal order. Its first unlawful waste disposal regime was implemented in 2008. The responsibility for unlawful waste disposal is primarily placed on the polluter, while the subsidiary responsibility lies with the real estate owner. The owner of the real estate on which the waste is unlawfully disposed must arrange for proper disposal of the waste at his own expense if ordered by the inspection authority. The subsidiary responsibility of the real estate owner implies strong interference with the right to the property. To date, the Constitutional Court has not yet assessed the compatibility of this measure with the Constitution, as it has taken the view that it will not carry out an abstract assessment but will only make a decision through a constitutional appeal procedure. Despite several concerns, the regulations were maintained in the new Environmental Protection Act of 2022. In addition to the unlawful disposal of waste, this Act also regulates the legal consequences of littering; further, the Act imposes relatively high administrative fines, including on any landowner who fails to exercise his secondary responsibility. Notably, the unlawful disposal of waste is defined as a criminal offence that burdens and destroys the environment. The legal framework, in my opinion, fully meets the requirements of Article 36 of Directive 2008/98/EC.

Harnessing regulation for circular economy advancement: Identifying breakthrough areas in the European Union and Hungary

Gábor Mélypataki — 2024-06-30

The prevailing linear economic model, characterized by resource extraction, production, consumption, and disposal, is unsustainable and poses significant environmental and social challenges. The circular economy (CE) has emerged as a transformative paradigm emphasizing resource efficiency, waste minimization, and closed-loop production systems. This paper provides a comprehensive overview of the CE concept, its potential benefits and challenges, and the regulatory frameworks enacted by the European Union (EU) and Hungary to facilitate the transition towards a circular economy. In order to facilitate this, the authors also propose specific regulatory steps based on a systematic concept.

Legal regulation facilitating the transition to a circular economy in the legal system of Slovakia

Matus Michalovic — 2024-06-30

This chapter explores Slovakia’s transition to a circular economy within the framework of its membership to and the influence of the European Union (EU). Despite the implementation of robust environmental policies, significant gaps remain, including the marked lack of a raw material strategy. This chapter scrutinises legal regulations, revealing a convergence of circular economic initiatives regarding waste management. After analysing specific strategic documents impacting Slovakia’s transition to a circular economy, this chapter examines crucial legal regulations, with a primary focus on waste management. A key finding underscores the interdependence of Slovakia’s circular economy transition and advancements in waste management. However, progress is hindered by several challenges, particularly in terms of the need for mandatory changes in waste management practices looming to meet both EU and national goals. There is also a clear legislative gap in other areas that need to be actively addressed before the country can transition to a circular economy. In this respect, this chapter highlights a positive development: a collaborative effort in formulating a circular economy roadmap, one identifying impactful reforms in economic instruments, the construction sector, and the food and bio-waste value chain. This chapter concludes by calling for a cohesive and strategic approach, advancing the need for Slovakia to adopt a long-term vision and strict implementation timetable to champion a circular economy embodying sustainability principles.

EU environmental regulation for a circular economy in the light of national sovereignty

Lana Ofak — 2024-06-30

This paper aims to explore the impact of the latest European Union (EU) circular economy initiatives on the national sovereignty of EU Member States, specifically examining whether new EU measures encouraging a circular economy limit the domain of Member States’ sovereignty. Accordingly, the paper begins with the assessment of the measures laid out in the second Circular Economy Action Plan (CEAP) adopted in 2020. It analyses the effectiveness and impact of these measures in promoting a circular economy in the EU (Chapter 2). Following this, it reviews the progress made on implementing the actions listed in the CEAP, with a special focus on legislative and non-legislative measures. It highlights the achievements in the implementation process and provides a brief overview of key legislative proposals (Chapter 3). The following section explores how different countries in the EU are developing their own strategies to promote a circular economy (Chapter 4). Lastly, the paper delves into the notion of sovereignty within the EU and the relationship between the EU and its Member States. It analyses how Member States balance their national sovereignty in relation to the EU and investigates the types of instruments and legal basis used for regulating a circular economy (Chapter 5). The final section concludes, noting the current minor impact of the EU’s environmental regulation for a circular economy on national sovereignty (Chapter 6).

The significance and legal assessment of Zoophilia and Zoophilic Acts, with special reference to Hungary

Anita Paulovics — 2024-06-30

The recognition of the inherent intrinsic value of living beings clearly characterizes the legislation of Europe in the last few decades, a process that can be seen in the refinement of the legal status of animals, in the increasingly detailed regulations of animal welfare rules, in the tightening of regulations against animal cruelty, in some constitutional changes, and in the prohibitions related to zoophilic acts. Zoophilia is as old as humanity, and although the attitude towards it was not uniform in different historical eras, it was rather negatively judged and prohibited. It is important to distinguish between zoophilia as a psychiatric paraphilia and zoophilic acts as legally relevant acts. In the past few years, sexual abuse committed against vulnerable groups has been in the spotlight in Europe, society's sensitivity is growing and we can witness the tightening of regulations. Although animals cannot be considered victims in the narrow legal sense due to their lack of legal capacity, these processes will also affect the legal assessment of zoophilic acts. In the case of zoophilia, there seems to be a high latency, few cases come to light, but they cause strong public indignation. In the long term, it is likely that even those countries that currently do not sanction or do not sanction zoophilia at the criminal law level (such as Hungary) will take stronger action against it in the future.

Illegal waste dumping in the Slovak Republic

Jan Skrobak — 2024-06-30

The paper aims to outline the legal aspects of illegal waste dumping in the Slovak Republic. It presents some factual information on the issue and the legal regulations governing waste management, landfill operations, and illegal waste disposal. The analysis includes suggestions for improving legal regulations, specifically focusing on identifying those responsible for illegal waste disposal and determining who is obligated to remove the waste legally. It also discusses the administrative and criminal penalties for illegal waste dumping.

Short considerations regarding the Romanian deposit return system - “How imperfect but perfectible” the system really is now?!

Laura-Cristiana Spataru-Negura — 2024-06-30

On 30 November 2023, a historic moment in Romania was marked, being officially launched the Deposit Return System (DRS - called in Romanian `sistemul de garantie returnare` and abbreviated `SGR`). This represents a huge step towards a greener and a more sustainable future of Romania. The deposit return system is an important component of the circular economy, and through this implementation, Romania must attain the recycling objectives of the European Union and to be clean. On short, through this deposit return system, consumers and end-users will pay a guarantee of 0.50 RON (i.e. ten euro cents) when they purchase from a retailer any product from certain categories of beverages (i.e. water, soft drinks, beer, cider, wine or spirits), in primary non-refillable glass, plastic or metal packaging, with volumes between 0.1 l and 3 l inclusive. For the ease of identification, the products included in the DRS are marked with the packaging with guarantee symbol, as shown below. In this study we want to present the main legal provisions applicable to DRS, what is the current status of the DRS implementation in Romania, after less than two months of application, and the visible challenges of this system. But several questions appear in our mind? How is intended the DRS to work? Was Romania ready, on 30 November 2023, for the operation of the DRS, especially that it is supposed to collect more than 7 billion recipients at the national level? Did Romania manage to put in place a functioning operating system? Were all stakeholders involved in the DRS ready to take their positions in the system? All of these questions will be answered in this present study.

Regulatory changes in waste management following the EU’s Circular Economy Action Plan

Gabriella Szamek — 2024-06-30

This study reviews Hungary’s implementation of the European Union’s circular economy action plan and related waste regulations, including amendments to national law. In particular, it outlines the new waste management system, extended producer responsibility, and the binding return fee scheme. Further, this paper highlights the enormous significance of waste management from an environmental perspective and related challenges.

Locus standi in administrative proceedings concerning environment protection, in the case law of the CJEU and the ECtHR

Ildikó Ujhelyi-Gyurán — 2024-06-30

Effective legal protection against the unlawfulness of administrative acts is essentially achieved if the aggrieved party has some form of legal remedy to enforce his/her rights. This remedy may be at the stage of the administrative procedure, however, in some cases it may achieve its real purpose only through judicial means. The right to a fair hearing is closely linked to the right to remedy, which means the possibility of simultaneously appealing to another body or to a higher forum within the same organization regarding decisions on the merits. An essential element of all remedies is the possibility of remedy, i.e. the remedy conceptually and substantively includes the possibility of reviewing of the violation of law. The aim of the person affected is nothing other than to remedy his or her disadvantage. But who can be affected?

Examination of environmental legislation (related administrative law and some criminal and civil law) and sanctions for illegal waste dumping in the V4+ countries (Czech Republic, Poland, Hungary, Slovakia and Slovenia)

László Uhri — 2024-06-30

Illegal dumping of waste is a high-profile environmental problem today. In order to address these challenges, cooperation and information exchange between the Visegrad Group (V4) countries and Slovenia (V4+) is vital. This study, which examines the regulatory mechanisms in the V4+ countries to combat illegal dumping, seeks to understand the environmental practices and legal frameworks related to this issue. The V4+ countries – the Czech Republic, Poland, Hungary, Slovakia and Slovenia – face similar challenges in the area of illegal waste management. The study seeks to highlight the common cultural, historical and legal backgrounds binding these countries together, providing an ideal basis for cooperation and exchange of experiences. The analysis is accompanied by a detailed comparison of the environmental legal frameworks, criminal sanctions and enforcement mechanisms operational within the V4+ countries. Apart from analysing the specificities and strengths of each country, it focuses on the methods that have proved more effective in tackling the illegal waste problem. The document also highlights the importance of strengthening cooperation between the V4+ countries. By exchanging information and sharing best practices, countries in the region can apply tried and tested solutions. The document aims to promote enhanced regional cooperation as a catalyst for sustainable environment and waste management.

Advancing Circular Economy: Czech perspective

Jiří Vodicka — 2024-06-30

This article provides a comprehensive overview of the transition to a circular economy, focusing on the European Union’s (EU) efforts and the Czech Republic’s stance and actions. It elaborates on the urgent need to shift from a linear economy, which burdens Earth’s resources and leads to substantial waste, to a more sustainable circular economy by 2050. The circular economy paradigm is seen as a fundamental shift in managing waste and resource use towards maintaining the value of products and materials for as long as possible and minimising waste generation. The article outlines the EU’s initiatives, policies, and legislation to foster this transition, emphasising the critical role of member states in implementing specific measures. Several EU policies, like the Green Deal and the New Circular Economy Action Plan, aim to transform the economy from linear to circular, covering various waste streams and sectors. Particular attention is given to the Czech Republic’s position and efforts. It delves into Czech waste legislation, policies related to the circular economy, and the nation’s strategic documents like the State Environmental Policy 2030 and the Strategic Framework of the Circular Economy of the Czech Republic 2040; these aim to improve waste management, enhance material supply security, boost business competitiveness, and reduce fossil fuel consumption. The article also discusses the challenges and public opinion in the Czech Republic regarding environmental protection and the circular economy. Despite progress, factors such as inadequate use of economic instruments and public reluctance to pay more for sustainable products hinder a faster transition. Furthermore, the article reviews specific legal instruments, economic tools, and sectoral legislative acts contributing to circularity in the Czech Republic. In conclusion, while the Czech Republic and the EU have made strides towards a circular economy, the journey is ongoing. The transition promises long-term benefits like self-sufficiency, reduced greenhouse gases, and new job opportunities. The EU’s role is crucial in this transition, as it sets legislative and policy frameworks that guide member states towards circularity. This article reflects the complexities and multifaceted nature of transitioning to a circular economy, highlighting the need for continued efforts, policy alignment, and societal support.

Desperate, Determined, Dumped: Fight against illegal waste treatment in the Czech Republic

Vojtěch Vomacka — 2024-06-30

This article delves into the Czech Republic’s intricate legal framework and ongoing struggle in combating the pernicious issue of illegal waste dumping. From outlining the most pressing challenges plaguing the nation’s waste management system, emphasising the burgeoning quantity of waste imported from other countries, to dissecting the cornerstone legislative instruments enshrined within the 2020 Waste Act, it describes specific instances of illicit waste management practices, focusing on cross-border waste shipments – a notorious breeding ground for such transgressions. It explores the modus operandi of these perpetrators, the requisite inspection protocols, and pertinent case laws, highlighting the disconcertingly low number of criminal prosecutions stemming from illegal waste dumping. However, a glimmer of hope emerges as the government acknowledges the gravity of the situation and embarks on initiatives to foster enhanced cooperation between administrative and criminal authorities.

Legal regulations and sanctions related to the illegal dumping of waste in Polish environmental law

Marcin Wielec — 2024-06-30

This paper concerns legal regulations and sanctions regarding the illegal dumping of waste in environmental law in Poland. First, introductory remarks are presented, including an outline of the status of Poland’s implementation of EU instruments through national law. This section of the paper concludes with an overview of the basic legal acts that are applicable in Poland, to illustrate the legal spectrum of this topic (related administrative law norms and certain criminal and civil law rules). Second, considerations regarding permits for the transportation and processing of waste are discussed; this section includes relevant administrative provisions applicable in Poland. Third, legal regulations concerning administrative control are presented; in particular, this section pays special attention to control in the context of issuing permits as well as field inspections independent of this process. Fourth, civil liability is addressed. Fifth, provisions of criminal law are discussed, including penal code provisions, extra code provisions, and provisions related to administrative fines. Finally, the paper concludes with a concise summary.

Legal provisions for the facilitation of the transition to a circular economy in the Polish legal system

Elzbieta Zebek — 2024-06-30

The transition to a circular economy (CE) is a priority objective for European Union (EU) Member States. Specifically, this goal is stated in the 8th Environmental Action Programme (which outlines a programme until 2030), the European Green Deal, European Commission communications, and the Waste Framework Directive 2008/98/EC as amended by Directive 2018/851. As a member of the EU, Poland is obliged to align its waste management practices with the CE; this work is reflected in legislative changes related to waste, packaging, and the municipal maintenance of cleanliness and order. This article presents the legal status of the transition to a CE in Poland, including the established legal instruments. The Polish legal system has developed measures to protect the environment, life, and human health by preventing and reducing waste and improving the efficiency of raw material use. Waste management is consistent with the waste hierarchy, with a focus on maximising recovery (material and organic recycling, energy recovery), an extended producer responsibility system, and strict requirements for recovery and recycling rates, with a particular focus on plastic packaging. In Poland, the CE Roadmap—which includes a legislative toolkit on sustainable industrial production, sustainable consumption, bioeconomy, new business models, and CE implementation and monitoring – has been developed for the transformation toward a CE. Poland’s priorities in this regard include: (1) innovation, strengthening cooperation between industry and the scientific sector, resulting in the implementation of innovative solutions in the economy; (2) creating a European market for secondary raw materials, where their movement would be easier; (3) ensuring the high quality of secondary raw materials that results from sustainable production and consumption; and (4) developing the service sector.