Legal Sources from 34 different countries in Europe (or candidate states) Analogous to Art. 41 of the Italian Constitution which created the category of "bene commune" (common goods)

Austria
Fundamental Law of the State of Austria, Annex 1. See Article 5. (Flavia)
Austrian Constitution, Articles 116 (Self Administration), and 118 (Competencies)
http://www.servat.unibe.ch/icl/au00000_.html (Heba)
Austria Constitution.ARTICLE 119 (Wang)

Belgium
Belgian Constitution: see article 7bis (Tommaso)
The Belgian constitution.(Wang)
THE BELGIAN CONSTITUTION.ARTICLE 16 (Wang)

Bulgaria
Bulgaria constitution.ARTICLE 17、18、19 (Wang)

Croatia
The Constitution of the Republic of Croatia articles 49 & 50 http://www.sabor.hr/Default.aspx?art=2408 (petro)

Cyprus
Constitution of the Republic of Cyprus. See Article 23 (Flavia)

Czech Republic
Constitution of Czech Republic See also Article 7 for Natural Resources (Hira)
Czech Republic Constitution Art. 101 (3) and (4) (Fei)

Denmark
Denmark Constitution (Art.74) http://www.servat.unibe.ch/icl/da00000_.html (Yulia)

Estonia
(petro) Constitution of the Republic of Estonia articles 30 & 31 http://www.president.ee/en/republic-of-estonia/the-constitution/index.html#2

Finland
The Constitution of Finland article 16 http://www.om.fi/uploads/54begu60narbnv_1.pdf (petro)

France
Constitution of France - see article 9 of the Preamble to the Constitution of 1946 (p. 44) and see also the Charter for the Environment of 2004 (pp. 42-43) which are an integral part of the present Constitution (Emanuela)

Germany
German Constitution paragraph 2 article 14 http://www.angelfire.com/mn2/reformclub/f/germanyconst.html (petro)

Greece
Greek Constitution article 17 http://www.hri.org/MFA/syntagma/artcl25.html#A17 (petro)
The Greek Constitution(Art.17 and 18) http://www.hri.org/docs/syntagma/artcl25.html#A17 (Frank)
Greece Constitution (Art. 17) (Prosper)

Holland
Dutch Constitution: see article 19 (Tommaso)

Hungary
Hungary's new Constitution, the Fundamental Law of Hungary, the new Fundamental Law, will come into effect on 1 January 2012. Article XIII, Article 38 and Article 39 are the relevant articles. (Qing Zhao)

Iceland
Constitution of Iceland article 72. (petro)

Italy
Italian Constitution(Saki)

Italian Constitution: see article 43. (Tommaso)

Water as a Common Good: the Italian case

Ireland
Constitution of Ireland (March 2010) - see article 43.2.1° and 43.2.2° (Emanuela)
Constitution of Ireland paragraph 3.1 . 3.2 article 45 (petro)

Kosovo
Kosovo Constitution (art. 119, 121,122) . (Tra Hoang)

Latvia
Latvia Constitution (Please see articles 89 and 105), (Rana)

Lithuania
The Constitution of the Republic of Lithuania (Art. 46) http://www3.lrs.lt/home/Konstitucija/Constitution.htm (Yulia)

Luxembourg
Constitution of Luxemburg, Art. 74 http://www.servat.unibe.ch/icl/si00000_.html (liang shaoqing)

Poland
Constitution of Poland See Articles 64, 65 (Hira)
Polish Constitution paragraph 2 article 17 & 20 & 22 http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm (Petro)

Portugal
Constitution of the Portuguese Republic article 61 http://www.tribunalconstitucional.pt/tc/conteudo/files/constituicaoingles.pdf

Malta

Malta Constitution, Art 37-Property (Fei)


Norway
The constitution of Norway[Asress]European Member States Research

Romania
The Romanian Constitution( Art.44and 45) http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=2#t2c2s0a44 (Frank)

Russia
Russian Constitution (art. 34, 36) http://www.constitution.ru/en/10003000-03.htm (Tatiana)

Slovakia
Constitution of Slovakia. See Articles 14 and 20. (Flavia)


Slovenia
Constitution of Slovenia See Articles 33, 35, 49, 60, Part III (Economic and Social Relations) 67-71, and 74

Spain
Spanish Constitution (art. 132) http://www.lamoncloa.gob.es/NR/rdonlyres/C511DC05-40C5-4739-8AB6-FA3CEE3B4F28/0/Constitucion_EN.pdf (Helen
Clara:
Spanish Constitution see article 33.1 : recognises the right to the private property. In connection with article 41 of Italian Constitution states that nobody can't be privated of its own property except in those cases when policies for the common goods and public interest have to be carried out. So, the right to private property has a doble prespective: on one hand, allows the owner to have at his disposal his property freely, but on the other hand, this right is subjected to a social function and to the community interests.
Spanish Civile Code:Spanish Civile Code See article 339: it completes de classification of common goods that the Spanish Constitution establishes. This are roads, canals, rivers, torrents, as well as property owned by State which has a public interest impact. In connection to article 41 of Italian Consitution I would like to point out that this public o common goods can be managed by private companies because in Spain it also exists a freely private economic entreprise. However, this right is limited when it comes to the common goods that Spanish Constitution in its article 132 recognises. So, would be against the law that a private company privatizate the
coastal area, beaches, territorial waters and natural resources of the economic zone and the continental shelf.
Besides article 132 of Spanish Constitution that found by Helen, art. 31, 33, 38, 128. The constitution can be found here. (Qing Zhao)

Switzerland
Swiss Constitution: see article 94 "Principles of Economic Order" and also article 96 "Competition Policy"

Switzerland Constitution Chapter III, Art. 41 http://www.servat.unibe.ch/icl/sz00000_.html (liang shaoqing)

Sweden
"Right of public access" in Sweden. It's considered as being a right which has existed for generations and thus, as something more fundamental than law. While it does not appear to be constitutionally or legislatively protective, perhaps it could qualify as a sort of grundnorm? (Shalini)
Constitution of Sweden (Please see article 18-chapter 2 "Fundamental Rights and Freedoms"), (Rana)

Turkey
turkish constitution:Article 47 and Article 48 (2) (justina)

Ukraine
Ukrainian Constitution article 41 & 42 http://www.rada.gov.ua/const/conengl.htm (petro)

United Kingdom
Commons Registration Act, UK (Shalini)
makes provision about common land and town or village greens; and for connected purposes. (Abigael)

Land Reform (Scotland) Act 2003 (Shalini)
(Hamid)



Secondary Source Materials on EU
Background materials on water law in EU
This directive looks at water pollution, but it does not appear to include provisions on ownership of water or water rights. However, EU member states must adopt domestic laws relating to water to conform with the directive. The preamble refers to a notion like that of the commons;-“water is not a commercial product like any other”. Additional information is available at the European Commission website http://ec.europa.eu/environment/water/water-framework/index_en.html

DIRECTIVE 2006/118/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006 on the protection of groundwater against pollution and deterioration (emanuela)


CONVENTION ON THE PROTECTION AND USE OF TRANSBOUNDARY WATERCOURSES AND INTERNATIONAL LAKES done at Helsinki, on 17 March 1992
Full list of States Parties to this Convention is available at the UN Treaty Collection website:
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-5&chapter=27&lang=en
(emanuela)



Common law and public trusteeship for environmental resources

The public trust doctrine was recognised in the US in the 1892 case Illinois Central Railroad v Illinois 146 U.S. 387 (1892). This stemmed from the English common law inherited by the United States. Therefore, further research is necessary on whether a similar doctrine (perhaps with a different name?) has been adopted by case law in the European Union countries who have a common law system…. (Abigael)
Secondary Resources (background materials)
Peter Sand, ‘Sovereignty Bounded: Public Trusteeship for Common Pool Resources’, Global Environmental Politics, Volume 4, Number 1, February 2004, pp. 47-71 (Abigael)

  • This article looks at the common law developments in the abovementioned area of public trusteeship. The concept of ‘public trusteeship’ might be relevant when researching case law for EU countries with common law.
  • Pages 51 and 53 refer to European civil law countries and the ECHR


Joseph Dellapenna and Joyeeta Gupta, ‘Toward Global Law on Water’, Global Governance 14 (2008), 437-453 (Abigael)

Some overview of the European legal framework at page 441. The main question in the article is “whether existing legal systems can make serious contributions to the management of the earth’s water resources”. Mostly relevant for background on water and state sovereignty (Abigael)
Salman M. A. Salman, Daniel D. Bradlow, Regulatory Frameworks for Water Resource Management: A Comparative Study, The World Bank, Washington D.C, 2006 – available online at Google Books (Abigael)