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Legal aspects of health implications caused by environmental distress
Rajko Knez, 2017, original scientific article

Abstract: The article tries to explore legal consequences in cases where the environmental distress causes health implications for individuals. The author begins with the observations from two different angles, that is ex ante and ex post actions. Both approaches differ substantively, since the ex ante approach is applied by state authorities (command-and-control approach, de iure imperii acts), while the ex post approach is by a general rule initiated by individuals against polluters/state. Both approaches are discussed considering the application of EU rules and beyond (ECHR, Aarhus convention). The main emphasis is given to one of the biggest problems, that is the issue of causality, which discourages many plaintiffs from claiming damages. For the so-called post-industrial risks the conventional rules of causality do not suffice, which is why certain courts proposed that changes in this respect are necessary. In addition, the role of NGOs is emphasised, since the NGO can, especially in the ex ante approach, achieve better effects, especially when locus standi is assured.
Keywords: environmental protection, healthy living environment, legal remedies in environmental law, ECHR Art. 8, ECHR Art. 2, command-and-control approach, claims for damages, health
Published in DKUM: 09.10.2018; Views: 1201; Downloads: 169
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Legal regulation of possession in the Republic of Slovenia
Renato Vrenčur, 2017, scientific monograph

Abstract: Possession is actual control over a thing. While the relationship between a possessor and a thing allows the former to use the thing, enjoy it and dispose of it, it is not important if he or she also has the right to do so. Possession represents one of fundamental components (entitlements) of ownership, which, despite the fact that it only represents actual control over a thing, nevertheless indicates certain belonging of a thing to a person who exercises actual control. Possession is not a right and therefore does not include fundamental entitlements, but it does contain the entitlement to legal protection. A possessor, who does not necessarily even have the right to possess a thing, may require protection of possession either through self help or with an action. The monograph comprehensively discusses regulation of possession, and at the same time offers systematically collected and arranged recent case law in this field.
Keywords: property law, possession, real rights, legal protection, disturbance of possession
Published in DKUM: 27.01.2017; Views: 4782; Downloads: 452
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