Modernization Act's Compliance with EU Law Called into Question by Legal Experts - Contention: Modernisation legislation contravenes EU legal standards
The Bavarian Modernization Act, enacted earlier this year, has sparked controversy among environmentalists, politicians, and legal experts, as questions arise about its potential violation of European environmental law and alpine protection treaties.
Notable figures, such as constitutional law expert Kurt Fassbender, have expressed opinions suggesting that parts of the act may not comply with the EU's Environmental Impact Assessment (EIA) Directive requirements. The act, in effect since early August, has raised concerns due to its relaxed EIA requirements for snow cannons, ski slopes, and cable cars in the Alps.
The EU EIA Directive (2014/52/EU) mandates member states to assess the environmental effects of certain projects before development consent is given, particularly for projects in sensitive areas like the Alps, including ski resorts and cable car infrastructure. The Alpine Convention, a transnational treaty among Alpine states including Germany, additionally emphasises sustainable development and strict environmental protection in the Alpine region.
If the Bavarian Modernization Act relaxes or circumvents EIA requirements for ski slope expansions, cable cars, or snow cannon installations, it could potentially violate the EU EIA Directive by not providing adequate environmental impact assessments or public participation. Similarly, it might conflict with the Alpine Convention’s provisions on protecting Alpine environments.
However, no specific information from recent or credible sources confirming such violations or conflicts has been found. To reach a definitive conclusion, a thorough legal analysis is required, including an examination of the exact legal text of the Bavarian Modernization Act, comparison with the EU EIA Directive’s procedural and substantive requirements, and review of the Alpine Convention’s protocols relevant to tourism infrastructure and environment protection in the Alps.
The SPD and Greens had expressed massive criticism of the state government's plans during the legislative procedure. In response, the "Save the Mountains" alliance was formed, a coalition of various entities, including politicians, environmentalists, and organizations such as the German Alpine Association.
Significant environmental and climate impacts are expected in all three cases, regardless of the size of the ski area, the use of artificial snow, or the length of the cable car. Legal action before an administrative court is possible, potentially leading to a ruling by the European Court of Justice.
If the EU Commission were to initiate an infringement procedure against Germany, it could potentially lead to significant changes in the Bavarian Modernization Act to ensure compliance with European environmental law and alpine protection treaties.
[1] EU EIA Directive (2014/52/EU): https://ec.europa.eu/environment/eia/legislation.htm [2] Alpine Convention: https://www.alpconv.org/en/home [3] Bavarian Modernization Act: [search results do not contain direct or detailed information regarding the Bavarian Modernization Act, its EIA requirements, nor any references to its compliance or conflict with the EU EIA Directive or the Alpine Convention]
- The Bavarian Modernization Act, with its relaxed Environmental Impact Assessment (EIA) requirements for ski slopes, cable cars, and snow cannons, has raised concerns among those who question its compliance with the EU EIA Directive (2014/52/EU), which demands member states to assess environmental impacts before development consent is given, particularly for projects in sensitive areas like the Alps.
- The EU EIA Directive and the Alpine Convention stand as significant frameworks, as they both emphasize sustainable development and strict environmental protection in the Alps, as essential aspects of any policy-and-legislation, politics, or general-news related to climate-change and the environment.
- In the absence of specific information confirming violations, a thorough legal analysis is needed to reach a definitive conclusion about the Bavarian Modernization Act's possible violation of European environmental law and alpine protection treaties. Such an analysis should include examining the legal text, comparing it with the EU EIA Directive’s requirements, and reviewing the Alpine Convention’s protocols relevant to tourism infrastructure and environment protection in the Alps.
