Waste Incineration - Legal Protection in European Environmental Law

Abstract

The European Court of Justice has developed general principles concerning the rights of individuals in European environmental law. This analysis focusses on one particular sector of EC law, that concerning waste incineration, and considers in concrete detail what specific rights and remedies are available under the relevant Directives. With the restrictions on landfill imposed by the EC Landfill Directive, the construction of new incinerators can be expected, especially for countries with a high proportion of landfill disposal. The analysis indicates that EC waste law recognises a right to health and provides for a number of specific rights relating to the operation of incineration plants. Despite a number of gaps, the various legal remedies available to individuals is well developed in European law, and probably provides for more legal protection than most national orders.