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Thomas Appleby Senior Lecturer in Law University of the West of England, Bristol

Thomas Appleby

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Thomas Appleby. Senior Lecturer in Law University of the West of England, Bristol. What happens when an irresistible force meets an immovable object?. The Fishery Paradox. Article 3 (1) (d) Consolidated Treaties Exclusive competence to EU for common fisheries policy Article (4) (2) (e) - PowerPoint PPT Presentation

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Page 1: Thomas Appleby

Thomas Appleby

Senior Lecturer in Law

University of the West of England, Bristol

Page 2: Thomas Appleby

What happens when an irresistibleforce meets an immovable object?

Page 3: Thomas Appleby
Page 4: Thomas Appleby

The Fishery Paradox

• Article 3 (1) (d) Consolidated Treaties Exclusive competence to EU for common fisheries policy

• Article (4) (2) (e) Shared competence between EU and member state for environment

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Competence Creep

The sublimity of administration consists in knowing the proper degree of power

that should be exerted on different occasions

Charles de Montesqieu

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Central problem

Quis custodes ipsos custodiet?

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Appeals Mechanisms

• Exclusive Competence – Very little avenue for

judicial challenges to CFP

• Shared Competence– Member States Courts– DG Environment– European Court of

Justice

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The ecosystem approach

Is this fisheries management or environmental management?

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The Habitats Directive

Darwin Mounds

Request by a member state to close area agreed to

Regulation (EC 602/2004)

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No systematic adherence to EU environmental directives

• Fishing boats licensed to fish throughout EU waters without reference to protected sites

• No clear guidance in proposed regulation on Marine Strategy Framework Directive

• Historic rights in territorial waters

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Key problem

Member states rather than EU liable to judicial review / infraction for breach of

environmental law

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Conclusion:Two questions

• Which industry is the only industry in the UK where EU environmental law has not been fully applied?

• Which industry is the only industry to benefit from a healthier marine environment?