11 - Disaster, Land Use, European Union Law and the Impact on EU Member States: The Relevance of the 2019 Decision of the Dutch Supreme Court Ordering Cuts in Greenhouse Gas Emissions

Summary

This chapter studies the role of the EU and EU Member States in relation to disasters and land-use planning. The work analyzes how land-use planning can evaluate and manage risks to avoid disasters, paying special attention to European use of the precautionary principle. The analysis uses especially, but not only, the example of the Spanish legal system, taking into account its inclusion in the more general EU legal system. The study also considers private and public liability in relation to disasters, underlining how, in recent years, EU law and European caselaw have created a common framework based on the right to good administration. The study includes a reference to the famous case decided by the Dutch Supreme Court at the end of 2019 ordering the Government to reduce greenhouse gas emissions in accordance with the duty of due diligence or due care. Finally, this chapter explores possible consequences of maladministration when taking planning decisions in relation to possible public liability, using two real Spanish cases as specific examples.