European+Member+States+Research


 * 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) [] (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 [] (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) [] (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 [] (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 [] (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) [] (Yulia)

__**Luxembourg**__ Constitution of Luxemburg, Art. 74 [] (liang shaoqing)

__**Poland**__ [|Constitution of Poland] See Articles 64, 65 (Hira) Polish Constitution paragraph 2 article 17 & 20 & 22 [] (Petro)

__**Portugal**__ Constitution of the Portuguese Republic article 61 []

__**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) [] (Tatiana)

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

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

__**Spain**__ Spanish Constitution (art. 132) [] (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 [] (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**__ (justina)

__**Ukraine**__ Ukrainian Constitution article 41 & 42 [] (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**__ 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 []
 * Background materials on water law in EU**

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:  [] (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) Peter Sand, ‘Sovereignty Bounded: Public Trusteeship for Common Pool Resources’, //Global Environmental Politics, Volume 4, Number 1//, February 2004, pp. 47-71 (Abigael)
 * Secondary Resources (background materials)**
 * 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)