„Marginalisierung durch Überdogmatisierung“ – Gefahr und Chance für das Umweltrecht

German administrative law, especially the environmental law, is in danger of being over-dogmatised. On the other hand, the relatively newfield of environmental lawoffers a chance to avoid significant refinements and congealed dogmatism. Conformitywith the European standards is necessary, because otherwise the compatibility of theGerman environmental law will be endangered. Great difficulties have become apparent when German regulatory concepts converged with the media-orientated approach of European law. The basic parameters of regulatory capability need to oppose "holistic exasperation".
The protective duty dogmatic is an innovation that became an export hit, however, the practical effect remained limited. Instead of further refining the dogmatic, the reaction strategy has recommended an increase in proceduralisation and a normative framework of legislative scope through process requirements, the right to a hearing and participation rights.

Autor*in Prof. Dr. Reiner Schmidt