LUXEMBOURG Law and Practice Contributed by: Nathalie Prüm-Carré, Inès Goeminne and Georges Gratia, Elvinger Hoss Prussen
Elvinger Hoss Prussen 2, Place Winston Churchill L-1340 Luxembourg Tel: +352 446644 Fax: +352 442255 Email: elvingerhoss@elvingerhoss.lu Web: elvingerhoss.lu
work for landscape conservation and the protection of species and biotopes, and introduces an ecologi- cal compensation mechanism. This law is the corner- stone of Luxembourg environmental law. The Law of 10 June 1999 on classified establish- ments, as amended, also plays a major role. It requires authorisation for any industrial, commercial or craft establishment, installation, activity or process whose existence, operation or implementation may present causes of danger or disadvantages in terms of safety, health or convenience for the public, neighbours or employees of the establishments, the health and safe- ty of employees at work and the human and natural environment. Luxembourg legislation also provides a framework for waste management (Law of 21 March 2012, as amended), establishing the principle that producers and holders of waste are responsible for its treatment. The Law of 15 May 2018 on the environmental impact assessment, as amended, also constitutes a pillar, requiring a prior assessment for certain projects. Simi- larly, the Law of 22 May 2008 on the assessment of the environmental impact of certain plans and pro- grammes, as amended, provides for an environmental assessment to be carried out in certain cases for plans and programmes. Fundamental Principles The Luxembourg Constitution enshrines the funda- mental principles of environmental protection. Luxem- bourg legislation also incorporates the main principles of European Union law and international law, such as:
1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws The fundamental principles relating to environmental protection in Luxembourg have been enshrined in the Constitution, which guarantees the protection of the human and natural environment by working to estab- lish a sustainable balance between the conservation of nature, in particular its capacity for renewal, and the safeguarding of biodiversity, and the satisfaction of the needs of present and future generations. The State has committed to combatting climate change and working towards climate neutrality. In addition to this constitutional enshrinement, Lux- embourg law is based on a set of sectoral laws and Grand-Ducal regulations consolidated in the Environ- mental Code. However, this code is not comparable to the Luxembourg Civil Code or Criminal Code, nor to the French Environmental Code. It should be remembered that Luxembourg’s environ- mental protection laws are part of the wider framework of European Union law, which is a key source. Many environmental directives have been implemented in the Luxembourg legal system, such as those on the conservation of natural habitats and wild fauna and flora, and on the assessment of the impact of certain public and private projects on the environment, waste, water and air quality. Regulatory Framework The Law of 18 July 2018 on the protection of nature and natural resources, as amended, provides a frame-
286 CHAMBERS.COM
Powered by FlippingBook