Managing Waste: The Gap between EU Directives and Corporate Law in Member States – A Mess of Case Law Needing a Clean-Up
9 Pages Posted: 10 May 2018
Date Written: May 9, 2018
In modern legal practice, it is increasingly the case that specialists practise their disciplines within false boundaries, limiting the focus of their inquiry without due regard to significant developments in neighbouring areas of law. In some cases, this means that principles which seem fundamental and almost immovable in one area are glibly set aside in others until some day one set of principles dramatically collides with other and it becomes clear that if these two areas of law are to continue to develop within a framework that is coherent from both perspectives, some specific changes must be made. This article examines this phenomenon with reference to the interaction between EU Directives on waste management, the implementation of these Directives at national level and corporate law in England and Ireland. A number of cases decided in recent years indicate that while the Directives have set out a framework for the creation of a waste management licensing system by Member States and have made specific provision regarding certain activities, in this case the management of waste and landfill, considerable legal gaps arise regarding both the implementation of these directives by Member States and the interpretation of the consequently created legal framework in the Broader context of existing principles in company law and corporate insolvency law.
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