DR. STEFANIE LÜER
Strategic solutions
The study examines the constitutionally mandated balance between environmental and economic interests in French law and demonstrates, through comparative legal analysis, how sustainable development is implemented administratively and judicially.
Balancing the interests of the economy and environmental protection in France
The arbitration between economic and environmental issues – a French-German study in comparative law using the example of National parks and Regional parks in France
Peter Lang publisher, Europäische Hochschulschriften, Recht, 2019
To achieve an optimal balance between economic and environmental issues, the concept of sustainable development, deduced from international and European law, plays an important role in France and in Germany. From a legal perspective, the main parties making arbitrary decisions in this matter are the administrations and the administrative courts. They interpret and apply the respective rules by using their specific national power of discretion, balancing between the public interest to protect the environment and the issues of the key players of the “green” tourism industry. Especially in this context, the concerns of nature and environmental protection as well as either the rights and interests of the tourism sector and of the tourists looking for recreation or adventure must be recognised. Decision-making in this area demonstrates that the applied methods of discretion are significantly disparate in Germany and France.
The National parks and the Regional parks have been chosen to refine the study because these two constitute an example pointing out the methods of arbitrary decision making between economic exploitation and the protection of the environment. With regard to the National park, the legal framework assigns priority to the protection of the environment whereas the Regional park is dedicated to sustainable development as the method to accomplish the arbitration between economic and environmental issues. The tourism industry is playing a central role in the functional organisation of the Regional parks and is characterized by being an economic activity dependent on an environment at least in part untouched and still pristine. This study of the perspective in France shall permit to create new insights for the German legal doctrine, especially concerning the methodic decision taking of the administration as well as their scope of action and the value of the environmental protection the guaranteed by constitutional law.
Access to domestic and international courts in comparative administrative law
Layla Kristina Jaber, Stefanie Lüer, Anne-Marie Thévenot-Werner, Springer Publishing Heidelberg Berlin, 2021, Publications of the Max Planck Institute for Comparative Public Law and International Law
This volume addresses contemporary issues on accessing to both, national and international courts within the field of administrative law, adopting a comparative legal perspective. It systematically examines selected topics where court access involves specific complexities, drawing on German, French, EU, and international legal frameworks. Topics covered include court access for environmental protection associations, asylum litigation, public procurement disputes, rights of employees and contractual partners of international organisations, and those of individuals outside such organisations.
Contributions from scientists and practitioners analyse mutual influences among these legal systems, exploring top-down, bottom-up, and horizontal processes in chapters written in German and French. The authors in this book evaluate the potential and mechanisms for harmonisation across German, French, European, and international law.