Criteria for Identifying Splitting of Projects (Salami-Slicing) Tactic in Light of the C-11/20 Regione Puglia Case and eia Practice in Greece

Abstract

Abstract The aim of this paper is to assess the method of ‘salami-slicing’ or ‘project splitting’, which refers to the act of splitting of larger projects into smaller units before or during the environmental impact assessment procedure, as provided for in the eia Directive. To this end, emphasis is placed on the definition and key features of this concept as delineated by the Court of Justice of the European Union (cjeu). The debate is enriched by the recent cjeu Regione Puglia case as well as the analysis of the salami-slicing tactic in Greek case-law and public administrative practice. Subsequently, in light of the EU and Greek jurisprudence on this matter, the determination of certain criteria that can be used as rebuttable presumptions of identifying salami-slicing is attempted. Lastly, recognizing that salami-slicing practices go beyond (the scope of) a technical assessment, it is concluded that the emergence of standard salami-slicing criteria might be of added value both in safeguarding the legality of the entirety of the environmental permitting process and in ensuring the effective implementation of the precautionary principle.