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PL
The Integrated Permit as an Example of Europeanised Regulated Use of the Environment (General Considerations)This paper offers an analysis of the material-legal impact of EU law on the legal forms of control of the use of the environment. As first, some basic notions are presented related to the provision of a permit for operations likely to have negative environmental effects, then the analysis focuses on the notion of integrated environmental protection discussed from the perspective of the provision of integrated permit. Further, the analysis focuses on the provision of integrated permit indicating its importance seen comprehensively for protection against pollution. The author’s considerations end with some closing remarks from the point of view from the title problem of the Europeisation of controlled use of the environment. The procedural impact on EU law on the nature of the provision of integrated permit remain out of the scope of this contribution.
EN
The aim of this article is to analyse the extent of judicial review exercised by the EU courts over the European Commission’s decision imposing fines in EU competition law. When considering appeals against fines in competition law, the position of the EU courts are limited to a review of imposed fines in respect of the European Commission’s Guidelines instead of an exercise of a more comprehensive appellate review. The review should not only be a control of legality but it has to be an unlimited merits control. An appeal control should be directed to review fully the facts and to control proportionality of the imposed fines. The article analyses also the question of the protection of fundamental rights in the scope of the review over decisions imposing fines. For that purpose, the article provides also a comparative analysis of the selected judgments of the EU courts and the European Court of Human Rights.
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