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Thomas Appleby

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)

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Thomas Appleby

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

  2. What happens when an irresistible force meets an immovable object?

  3. 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

  4. Competence Creep The sublimity of administration consists in knowing the proper degree of power that should be exerted on different occasions Charles de Montesqieu

  5. Central problem Quis custodes ipsos custodiet?

  6. Appeals Mechanisms • Exclusive Competence • Very little avenue for judicial challenges to CFP • Shared Competence • Member States Courts • DG Environment • European Court of Justice

  7. The ecosystem approach Is this fisheries management or environmental management?

  8. The Habitats Directive Darwin Mounds Request by a member state to close area agreed to Regulation (EC 602/2004)

  9. 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

  10. Key problem Member states rather than EU liable to judicial review / infraction for breach of environmental law

  11. 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?

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