Title: Legal tools of environmental liability in Greece: application in the broader region of Asopos
Authors: Fotis Filentas; Apostolos Paralikas
Addresses: Ministry for Citizen Protection and Public Order, General Secretariat for Civil Protection, Evagelistrias 2, 10563 Athens, Greece ' Ministry for Citizen Protection and Public Order, General Secretariat for Civil Protection, Evagelistrias 2, 10563 Athens, Greece
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.
Keywords: environmental damage; environmental liability; environmental law; Asopos; Greece; European Liability Directive; Law 1650/1986; Greek Civil Code; polluter pays; environmental pollution; interoperability.
International Journal of Environment and Sustainable Development, 2014 Vol.13 No.3, pp.224 - 238
Available online: 31 Mar 2014 *Full-text access for editors Access for subscribers Purchase this article Comment on this article