The Operator in the Environmental Liability. The European Union and Portuguese Regime
The Operator in the Environmental Liability. The European Union and Portuguese Regime

Author(s): Cristina Aragão Seia
Subject(s): Energy and Environmental Studies, Environmental and Energy policy, EU-Legislation, Sociology of Law
Published by: ADJURIS – International Academic Publisher
Keywords: environmental liability; operator; occupational activity; Directive 2004/35/EC; Decree-Law no. 147/2008;
Summary/Abstract: The concept of operator and occupational activity are essential for determining the application of the environmental liability regime. The aim of this paper is to critically analyse those concepts as they are used in European Union legislation (Directive 2004/35/EC) and in Portuguese legislation (Decree-Law 147/2008) as well as the subjective scope of application of these diplomas, referring to options made by the legal systems of other Member States and the case law of the CJEU. In the end, we present some considerations that should enable greater and better application of the legal regime of environmental liability.

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