Legal tools of environmental liability in Greece: application in the broader region of Asopos Online publication date: Fri, 25-Jul-2014
by Fotis Filentas; Apostolos Paralikas
International Journal of Environment and Sustainable Development (IJESD), Vol. 13, No. 3, 2014
Abstract: This paper seeks to examine the legal tools of environmental liability in the Greek legal order which are: 1) the subjective civil liability of the Greek Civil Code; 2) the objective civil liability of Law 1650/1986; 3) the penal liability of Law 1650/1986; 4) the implementation of the Environmental Liability Directive (ELD) in Greece. The aim is to determine their effectiveness and to analyse whether the 'polluter pays' principle actually applies. The present paper endeavours to study the application of these legal tools in the case of the environmental damage caused in the broader region of Asopos River. The main findings of the study are: 1) the lack of interoperability between the competent authorities; 2) the missing connection in practice between the different tools of environmental liability and above all; 3) the lack of a holistic approach concerning environmental liability.
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