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Inter-state proceedings, interim measures and protection of the environment

机译:Inter-state proceedings, interim measures and protection of the environment

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摘要

The case of Czech Republic v Republic of Poland is a rare example of use of inter-state proceedings under EU law, and the first example under such proceedings where interim measures have been imposed on the basis of protection of the environment and human health. It centres on the contentious extension of mining operations in Turow, Poland, and the effects such activities have caused across the border in the Czech Republic. At its heart is the weighing up of essential interests, on the one hand those protecting the environment and human health, and on the other those protecting economic and socio-economic interests such as employment, building infrastructure, energy security and investment. This yean in two orders imposing interim measures, we have witnessed confirmation that the former outweighs the latter, with this being justified on the basis that damage caused to the environment and human health is, by its very nature, essentially irreparable.

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