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The Impact Of The Decision Of The Court Of Justice Of The European Union In Case C-461/13 Regarding The Notion Of “Deterioration Of The Status” Of A Body Of Surface Water

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  • Cristiana Mic-Soare

    () (Faculty of Law, Bucharest University)

Abstract

The necessity of this analysis results following the recent decision passed by the Court of Justice of the European Union interpreting a fundamental provision of the Water Framework Directive 2000/60/CE, art. 4 para. (1) lit. (a) pt. (i)-(iii). The decision's importance arises mainly due to the foreseen impact on projects developed on bodies of surface water. Thus, one of the potentially affected areas is that of micro-hydropower plants, since the fall by one class of any quality element, even if this does not determine a fall in classification of the body of surface water as a whole, breaches the obligation not to deteriorate the status of a body of surface water. If the affected quality element is already in the lowest class, any degradation breaches the said obligation. This interpretation's impact is even higher, as the Court concluded that the analyzed provisions imply the states' obligation to refuse authorizing projects that could cause the deterioration of the status of a body of surface water or that impact on the attainment of good surface water status or of good ecological potential and good surface water chemical status. The main scientific research methods used are the comparative, logical, historical and sociological methods.

Suggested Citation

  • Cristiana Mic-Soare, 2015. "The Impact Of The Decision Of The Court Of Justice Of The European Union In Case C-461/13 Regarding The Notion Of “Deterioration Of The Status” Of A Body Of Surface Water," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 4(1), pages 167-179, December.
  • Handle: RePEc:sja:journl:v:4:y:2015:i:1:p:167-179
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    Keywords

    deterioration of the status of a body of surface water; protection of surface waters; Case C-461/13; Court of Justice of the European Union;

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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