Journal of Agricultural and Environmental Law

The Nuclear Future of the Republic of Bulgaria – Trends in the Development of the Regulatory Framework for the Construction and Operation of Nuclear Power Plants, Problems and Recommendations for Improvement

2025-06-25T09:44:05+00:00

In the article, the author conducts an analysis of the national nuclear characteristics of the Republic of Bulgaria, addressing the prospects of nuclear energy in the country, its strategic position in the national energy policy and the envisioned development for the construction of new nuclear power plants. It further considers public opinion on nuclear energy. The composition and institutional positioning of the national regulatory body are delineated, with particular attention paid to the safeguards ensuring its indepen- dence within the administrative framework of the state. The legislation in the Republic of Bulgaria that regulates the use of nuclear energy is notably extensive. In addition to the main nuclear law, public relations are also regulated by other laws, further elaborated through an array of subordinate normative acts. The article proceeds to outline, albeit briefly, the principal constitutional provisions, statutory laws, and regulatory by-laws pertinent to the licensing stages of nuclear power plants. Moreover, the analysis extends to the salient characteristics of the nuclear projects planned for implementation, issues arising in the context of contractual arrangements related to construction, as well as the national public procurement procedure for the construction of nuclear power plants. The discourse also encompasses the increasingly salient issue of small modular reactors with the author present the extent to which the country is interested in their implementa- tion and the challenges facing their licensing and implementation.

Hungary’s Nuclear Legislation in Light of a Nuclear Renaissance

2025-06-25T09:44:05+00:00

In recent years, the notion of a renaissance in nuclear energy has garnered increasing attention, as it is one of the few electricity-generating means that can supply stable, base-load electricity whilst concurrently aligning with the pressing imperatives of climate protection. In such a prosperous climate for nuclear development, it is worth looking into national nuclear law frameworks and analysing their adequacy for increased deployment of nuclear power plants. Among the paramount considerations from the perspective of a successful nuclear renaissance stands the issue of notoriously protracted and complex licensing procedures. There is no international licensing authority, nor there is a common licensing framework, licensing is in the remit of national authorities, resulting in a diverse array of regulatory approaches to licensing. In an era characterized by heightened interest in nuclear new build initiatives, it is incumbent upon us to examine our current regulatory frameworks—acknowledging both their merits and their deficiencies—as such inquiry is indispensable to any further developments that aim to make these systems more conducive to a nuclear renaissance, whilst upholding nuclear safety as the foremost priority. This article aims to present the nuclear licensing framework applicable to new build nuclear power plants in Hungary. To understand the licensing process, the article will address the position of the nuclear regulatory body within this process, alongside the principal statutory instruments governing the deployment of new nuclear power plants. The core of the article will focus on the licensing stages leading up to the operation of a new nuclear power plant, illustrated with recent practical insights gleaned from the Paks II project. Furthermore, recognising that advanced nuclear technologies form a promi- nent subject within the contemporary discourse of the nuclear renaissance, the article will also address their prospective deployment. In doing so, it will address the licensing challenges associated with them, and how these could be potentially resolved. The central hypothesis advanced herein is that a thorough understanding of our existing licensing frameworks—together with their attendant advantages and shortcomings—constitutes a necessary precondition for participation in the nuclear renaissance. Only by engaging in such critical reflection, and by drawing upon the experiences of other states, can one aspire to establish licensing procedures that are not only more efficient and effective but also unwavering in their commitment to the maintenance of nuclear safety.

Nuclear Energy in Finland

2025-06-25T09:44:06+00:00

Finland has an ambitious decarbonisation agenda aiming for climate neutrality by 2035. The country relies significantly on nuclear power to meet its energy needs. Finland operates five nuclear reactors across two power plants, with a combined capacity of over 4,000 MWe. Finland is also a global leader in nuclear waste management, hosting the world’s first permanent underground repository for spent nuclear fuel at Onkalo. This article provides a comprehensive overview of nuclear energy in Finland, focusing on its current state, regulatory framework, and future prospects. The regulatory framework governing nuclear energy in Finland is robust, involving multiple authorities and a detailed licensing procedure. Recent trends indicate a growing interest in small modular reactors for district heating and power production, necessitating potential legislative reforms to accommodate these technologies.

Slovenia’s Nuclear Energy Pathway: Strategic Expansion, Regulatory Hurdles, and Future Prospects

2025-06-25T09:44:06+00:00

Slovenia boasts a longstanding tradition in the field of nuclear energy generation, with the Krško Nuclear Power Plant (NEK) traditionally playing an important role in the national energy system. As the country plans its future energy mix, nuclear power con- tinues to figure prominently, not least in light of the proposed JEK2 project. However, the development of new nuclear facilities faces significant challenges, including lengthy reg- ulatory procedures, complex construction processes, financial uncertainties, long-term issues related to nuclear fuel supply and waste management, as well as broader concerns regarding public acceptance. This article focuses on the legal dimensions shaping Slove- nia’s nuclear energy pathway, with non-legal considerations introduced solely insofar as they serve to elucidate or reinforce the legal analysis. Within this framework, the licens- ing process in Slovenia is examined in detail, with particular regard to its multi-step structure and the administrative challenges it poses. In addition, issues related to public procurement procedures, transparency, and governance are well discussed, particularly considering past infrastructure project failures. While Small Modular Reactors (SMRs) are being explored as a potential long-term solution, their licensing and deployment remain uncertain due to regulatory and spatial constraints. The paper also emphasises the importance of strategic workforce planning. Ultimately, the attainment of a resilient and secure energy future in Slovenia demands not only continued investment in nuclear infrastructure, but also a broader consideration of energy efficiency, security risks, and long-term sustainability—considerations which are addressed herein.

Nuclear Renaissance in France: Legal and Regulatory Challenges

2025-06-25T09:44:07+00:00

The revival of nuclear energy in France is driven by the need to meet climate objectives under the Paris Agreement and ensure energy security amidst global crises. Nuclear power offers a reliable, carbon-free baseload energy source, complementing renewables. This study examines the legal and regulatory challenges of this resurgence, focusing on authorization procedures for new nuclear facilities, nuclear fuel supply chains, and spent fuel management. Special attention is given to Small Modular Reactors (SMRs), evaluating whether current frameworks are adequate or require tailored approaches, and exploring opportunities for international regulatory harmonization.

The Public Water Services in France: Between Public and Private Management

2025-06-25T09:44:07+00:00

Since the early 2000s, France has witnessed a marked shift towards the remunicipalisa- tion of public water services. The model of private management is currently undergoing a period of crisis, as public sentiment strongly favours the reappropriation of these essen- tial services by local authorities. This study sets out to identify the historical context of public water services management in France. It offers a number of explanations for the observed reversion to public management, chief among them being the growing demand for transparency within public services and the desire to take account a social dimension in the management of public services, particularly in light of the formal acknowledge- ment of access to water as a fundamental human right. The movement towards the remunicipalisation of public water services is propelled by a vigorous social demand, reflecting the citizenry’s aspiration to participate more effectively in the governance of water. It signals, moreover, the emergence of a civic counterbalance to both State author- ity and private sector interests.

Understanding the dynamics of water services in the context of the Slovak Republic

2025-06-25T09:44:07+00:00

Despite the fact that the legal regulation of water services is relatively young, it represents the result of significant and numerous changes, the common denominator of which is the effort to ensure a high level of availability, protection, and quality of water. Given the seriousness and global dimension of environmental protection, in addition to the attri- bute of dynamism, water management services also have the attributes of discussion and topicality. With regard to the above, the authors of the presented article employ basic scientific and theoretical methods to present a thorough analysis of the administration and management of water services in the Slovak Republic, with special emphasis on the institute of privatisation, which represented the initial step towards the transformation of water management enterprises after November 1989. The basic idea was to transfer decision-making authority over these enterprises from the state to municipalities and cities, with the aim of increasing the efficiency, quality, and long-term sustainability of the provision of water management services. In the authors’ view, a deeper understand- ing of water services administration and management in the Slovak Republic appears highly valuable. It would not only serve as a suitable source for making comparisons with the situation in this area in other countries, but also as a means of stimulating informed dialogue in society, with the aim of increasing environmental awareness and thus pre- serving the most favourable environment for future generations.

Water Management in the Republic of Slovenia (Historical Overview and Current Regulations)

2025-06-25T09:44:07+00:00

This paper undertakes a detailed examination of the historical development and present-day regulatory framework governing water management within the Republic of Slovenia. It traces the evolution of water governance from the socialist system to the emergence of a legal and institutional framework oriented towards sustainability and environmental protection. Particular attention is afforded to pivotal legislative developments, notably the post-1991 shift to a market economy following Slovenia’s attainment of independence, the subsequent privatisation of public enterprises, and the adoption of the 2002 Water Act (ZV-1). A milestone of considerable legal and constitutional significance was the 2016 amendment to the Slovenian Constitution, whereby the right to access to drinking water was elevated to the status of a fundamental human right—thereby reinforcing the principle that water are to remain subject to public authority and may not be surrendered to private dominion.

The analysis further elucidates the respective competences of the state and local communities in the governance of water resources, public utilities, and concession-based service delivery. It explicates the legal mechanisms governing the supply of potable water, the maintenance of water infrastructure, and the authorisation of special water use through permits and concessions. Furthermore, the study addresses the societal and legal ramifications of public opposition to privatisation initiatives, as demonstrated by the 2021 referendum in which Slovenian citizens overwhelmingly rejected legislative amendments that could have paved the way for commercial exploitation of water resources. In conclusion, the Slovenian legal order is shown to embody a robust com- mitment to the preservation of water as a public good, safeguarding its availability and equitable distribution for both current and future generations.

Understanding Water Service Dynamics: A Through Questionare?

2025-06-25T09:44:08+00:00

This article presents a thorough examination of the contextual and legal framework governing access to water services, together with a consideration of the supplementary mechanisms available within this domain. Water services, as understood herein, are defined as services in the scope of water supply. The analysis traces the evolution of gov- ernance models, charting the progression from the state model to the local government model. Moreover, the article considers the provision of water services by private entities. Within the Polish legal system, it is the commune that bears primary responsibility for ensuring the delivery of such services.

From Privatisation to Remunicipalisation: How Returning to Public Control of Water Services Benefits Hungarian Society

2025-06-25T09:44:08+00:00

This article examines Hungary’s transition from the privatisation of water services in the early 1990s to a reassertion of public control by the 2010s. It situates Hungary’s trajectory within the broader context of post-Soviet Central and Eastern European reforms and explores the socio-economic and regulatory implications of privatising essential services without first establishing a stable market framework. Through a critical historical and legal analysis, the paper investigates the motivations behind water sector privatisation, the challenges encountered, and the subsequent remunicipalisation trend prompted by public dissatisfaction with private service delivery. The study highlights the continued primacy of national regulatory discretion in water governance across the European Union, in contrast to more centralised sectors such as energy or telecommunications. Comparative insights from countries like France, and the United Kingdom further contex- tualise Hungary’s experience. Ultimately, the paper evaluates whether the consolidation of water utilities and remunicipalisation efforts served the long-term interests of Hungar- ian society and contributed to more equitable and efficient water service provision.

The Right to a Healthy Environment in the Light of the New Case Law of the Croatian Constitutional Court

2025-06-25T09:44:08+00:00

This research paper aims to investigate if notable environmental matters have, in recent years, come before the Constitutional Court of the Republic of Croatia, in light of the increasing number of similar cases brought before the highest courts in European countries (Chapter 1). Previous analyses concerning constitutional adjudication on environmental issues have revealed that the Croatian Constitutional Court has seldom invoked Article 69 of the Constitution of the Republic of Croatia, a provision which enshrines the right to a healthy life (Chapter 2). However, on 18 April 2023, the Constitutional Court rendered a landmark judgment wherein it affirmed that the Croatian Constitution protects the citizens’ right to a healthy life and environment. The case involved a dispute over the constitutionality of the Decision on the Order and Dynamics of Landfill Closure. This paper will thoroughly examine and scrutinise this significant constitutional case (Chapter 3). To commence, the analysis shall delineate the magnitude of Croatia’s waste manage- ment deficiencies—failings which were deemed by the Constitutional Court to violate the principle of legality and the constitutional duty to comply with EU laws (Chapter 3.1). Thereafter, the study shall address the formal inconsistency of the disputed Decision with the Constitution (Chapter 3.2). Subsequent chapters shall demonstrate how the Constitu- tional Court assessed point III of the contested Decisions as an excessive (and therefore disproportionate) limitation of the fundamental right to a healthy life and environment prescribed in Article 69 of the Constitution (Chapter 3.3) and further, how it encroached upon the constitutionally safeguarded right of citizens to local and regional self-gov- ernment (Chapter 3.4). The concluding portion of this paper shall recount the process by which the Constitutional Court’s decision took place (Chapter 3.5) and shall conclude with reflections upon the prospective influence this decision may exert upon the trajectory of environmental jurisprudence and legislative development within Croatia (Chapter 4).

On Certain Procedural Aspects of Agricultural Subsidy Law

2025-06-25T09:44:09+00:00

As a judge assigned to the Public Administration Chamber of the Győr Regional Court, I adjudicate in administrative cases, and in addition to my work, as a fourth-year student of the Doctoral School of Law and Political Sciences of the Széchenyi István University, I research the system of agricultural subsidies and judicial case law. The aim of my doctoral thesis is to provide a comprehensive overview of the Hungarian system of agricultural subsidies and the jurisprudence of agricultural subsidy law by examining the agricultural law literature, national and EU legislation, the practice of farmers’ organisations, agricultural and rural development support bodies and case law collected in courts. The questions examined in the research concern the normative clarity of legislation on agricultural subsidies, the equivalence of the functions assigned to agricultural subsidies and the precedent practice available in this specific field.

My research in this area focuses not only on the history, functions and substantive law of agricultural subsidy law, but also on its procedural law. In this study, I address the jurisdictional problems that arise in agricultural law disputes and the issues arising from the relationship between general and special administrative procedural law.

Restitution Process in the Slovak Republic

2025-06-25T09:44:09+00:00

The paper examines the restitution process in the Slovak Republic, focusing on the restitution of agricultural and forest land. The purpose of restitution was to restore the original legal status of the ownership of the expropriated real property. The author also specifies the historical circumstances that led to the adoption of the restitution legislation (land reforms and nationalisation). Furthermore, the related issues of church restitution and the settlement of property claims in cooperatives are addressed. At present, it is no longer possible to file a restitution claim under the restitution laws, as the time limits for restitution provided for in the restitution laws have already expired. However, in judicial practice, there are cases of restoration of ownership of real property expropriated during the period of non-freedom after the time limits for restitution expired, by means of an action for the establishment of ownership brought under the general rules of civil law. In this context, the paper analyses the current issue of the competition between a restitution action and an ownership action by referring to various opinions on the solution of the issue. Finally, it analyses not only the decision-making practice of the courts of the Slovak Republic in this area, but it also includes a comparison with the relevant case law of the Czech Republic.

Network Contracts in Italian Agriculture: Legal Insights, Operational Strategies, and European Perspectives

2025-06-25T09:44:09+00:00

This article examines the network contract in the Italian agricultural sector, a distinctive legal instrument introduced by Decree-Law No. 5/2009 and adapted to agriculture through Decree-Law No. 91/2014, which enables small and medium-sized agricultural enterprises to cooperate while preserving their legal and operational autonomy. The study analyzes the regulatory framework, structural characteristics, and operational mechanisms of agricultural network contracts, including the common network program, methods of collaboration, legal requirements for participation, labor law implications, and relations with public administration. Through comparative analysis with similar models in other European legal systems, the research highlights the distinctive flexibility of the Italian approach, demonstrating that while the network contract offers significant advantages for resource optimization and enhanced competitiveness, its effectiveness ultimately depends on careful contract drafting, clear governance mechanisms, and proper understanding of its legal implications in the agricultural context.

Lessons Learned From Askos Properties Eood Judgement

2025-06-25T09:44:09+00:00

The main proceedings concern a farmer in Bulgaria who, under a rural development programme, undertook to maintain the lands leased through agreements concluded for five years with the municipality in good agricultural and environmental condition and engage in agricultural activities in those areas. After the amendment of national legislation, meadows or grasslands owned by municipalities or the state were to be leased exclusively to owners or users of farms with herbivorous animals based on the number and type of their declared livestock. Since the concerned party of the main proceedings failed to meet these requirements after the amendment, the municipality terminated the agreements in question. The paying agency of the member state claimed reimbursement of 50% of the amount already paid under the rural development programme. In contrast, the concerned party of the main proceedings considered that the amendment to the national legislation constituted force majeure, exceptional circumstances or expropriation of agricultural holding. The present study examines the CJEU’s decision on this matter.

EU and Corporate Sustainability: Meeting the European Standards – CSRD and CSDDD Explained

2025-06-25T09:44:10+00:00

It is more and more obvious that multinational enterprises play a very important role in the international investment. We also believe that through international cooperation the foreign investment climate can be improved, and multinational enterprises can bring a positive contribution to economic, social and environment, minimising the bad effects brought by their operations.

Governments are interested in encouraging responsible trade and investment through responsible business conduct of enterprises, in order to achieve sustainable development outcomes: better jobs, better job conditions, skills development, creation and provision of products and services that improve living conditions, technology for digital and green transitions.

Therefore, through this study, we would like to explain the most recent directives in the area of corporate sustainability and to promote sustainable development in the European Union and worldwide, because we strongly believe that the EU legislation in this direction represents a good example for other continents. Environmental, social and governance (ESG3) policy coherence at the international level could foster responsible business conduct and protection of the environment.

As expressly provided in the study, we consider that the Directives (EU) 2022/2464 (CSRD) and (EU) 2024/1760 (CSDDD), together with other international guidelines adopted by other international organizations represent the leading international instruments on responsible business conduct.

So time for applying these directives is ticking, but do not worry – we are here for you to help you in navigating the EU rules applicable. Please take into consideration that our study intends to be an overall presentation of the topic, and we could not pretend to be able to exhaust it, especially when in Brussels, it is currently discussed a Proposal for a Directive of the European Parliament and of the Council amending CSRD and CSDDD.

Report on the International Conference Titled ‘Green Criminology and Green Deal’

2025-06-25T09:44:10+00:00

On 4-5 March 2024, an international conference on ‘Green Criminology and Green Deal: Environment and climate protection – an unshiftable task for criminal law’ was held in Miskolc, Hungary, as part of the Alexander von Humboldt Foundation- funded partnership project “On the systematization of criminal responsibility of and in companies”4 between the Universities of Heidelberg and Miskolc. The aim of the institute partnership is to systematise practical experience and knowledge on the criminal liability of companies and to discuss criminal policy responses to technological and social changes, involving academics and practitioners (legal profession, public administration and judiciary), doctoral students and law stu- dents, to analyse comparative legal and to develop new solution concepts. This conference was the fourth and final event in this partnership project. Academic and practitioner speakers came from Germany and from Hungary, which can look back on an environmentally-oriented tradition of their universities, especially in Miskolc, from Austria, which has repeatedly followed a particular path in the implementation of Union law requirements in criminal law, and from Liechten- stein, an EEA state. The fourth conference aimed to provide a framework for a knowledge-based inter- and intradisciplinary discourse on green criminology and he European Union’s Green Deal.