유럽연합 환경행정법과 독일 환경행정법의 갈등과 융합 ― 단체소송을 중심으로 ―

Abstract

As the integration of the European Union began in earnest, a new environmental law system was established, which has traditionally had a direct and practical impact on environmental legislation in the European Community, causing the German law and German public law systems to be shaken. Pointing out that the European Court of Justice is vulnerable to the protection of individual environmental interests or rights underlying the German administrative litigation system, it is possible to file a collective lawsuit only if there is a possibility of infringing on the public rights recognized by a third party, and the scope has gradually expanded to recognize the plaintiff suit of environmental groups in all areas of environmental law without explicit provisions protecting third parties as it is now. Originally, the re-organization of the German environmental law order began with the issue of the plaintiff's qualification by environmental groups, but it has continued beyond the expansion of the plaintiff's eligibility, such as the expansion of the right to remedy the non-disposable administrative plans, acts of fact, and the conversion of the burden of proof against defects in administrative procedures, and the abolition of the pre-administrative procedure. What is noteworthy is that with the acceleration of the so-called “integration” in the European Union, the unified environmental law order does not remain in the realm of environmental law but accelerates structural changes in other legal areas. The change in environmental law is spreading the system of impact assessment, certification and agreement that structure the participation and cooperation of the people into the field of general administrative law. In this regard, Germany's change is the result of the firm establishment of the so-called European Union superior rule, in which the rules of European Union law take precedence over domestic laws of member countries in the process of the completion of the European Union's legal foundation, as well as the structural change of today's rule of law, which emphasizes so-called civil-friendly administration and cooperation with citizens. The reason why we should pay attention to the model of the European Union's environmental law, which emphasizes the meaning of procedures and expands the relief of rights through collective litigation, etc., is that these changes embody requests for good administration under the modern administrative law that values structure and procedures, not the outcome of administration. The pursuit of the so-called “good administration” at the EU-UN level is not just a matter of the EU alone, but a paradigm shift in global administrative law, which makes us predict that in the long run, there will be significant changes in the nation's environmental legislation and administrative system. Among these, the study seeks to examine the process of easing litigation requirements and expanding plaintiff eligibility, the content of European Union laws, German legislation and the decision of the European Court of Justice, among other important features of the European Union's environmental litigation system, as well as the content of recent representative lawsuits filed by organizations in German federal administrative courts. However, this paper tries to avoid the comparative legal methods between the environmental laws of Germany and the European Union and our environmental laws as possible, and to consider the future direction and contents for the formation of the so-called global environmental laws through the analysis of the landing process between the German environmental laws and the European Union environmental laws.