The PCIP: Some Legal and Economic Aspects

Authors

  • Maria Alexandra Aragão Faculdade de Direito da Universidade de Coimbra
  • Cláudia Soares Universidade Católica do Porto

DOI:

https://doi.org/10.14195/2182-2387_8_2

Abstract

In light of EU Directive 96/61/EC, this work seeks to clarify some legal and economic issues concerning the new national IPPC (Integrated Pollution Prevention and Control) regime, transposed into national law by Decree-Law no. 194/2000.

We will begin by illustrating the meaning of “integrated environmental protection” as envisaged both by the Directive and by national legislation, subsequently examining the concept of the “best available technology” clause and the significance of the “technological integration” it entails.

We will then devote some attention to the economic instruments of the IPPC, particularly regarding the possibility of charging a fee for environmental licensing. Here, we will offer some reflections from the perspective of construction law, considering the basis for the fee, its nature, and its benefits.

Finally, we will conclude with a comparative approach to the scope of application of the new IPPC regime in relation to the previous preferred environmental integration instrument, the environmental impact assessment.

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Published

2001-07-01

Issue

No. 08 (2001): Urbanism, Territorial Order and Environment Studies Center Law Review

Section

Doctrine

License

Copyright (c) 2001 Maria Alexandra Aragão, Cláudia Soares

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows sharing the work with recognition of authorship and initial publication in Antropologia Portuguesa journal.