Implications of flexibility in European Community environmental law: exemptions from environmental objectives in the Water Framework Directive

2009 ◽  
pp. 221-226
Author(s):  
Elisabeth Grönlund ◽  
Tapio Määttä
Keyword(s):  
Water Framework Directive ◽  
European Community ◽  
Environmental Law ◽  
Environmental Objectives

scholarly journals Law and Politics in River Basin Management: The Implementation of the Water Framework Directive in The Netherlands

Water ◽  
2020 ◽  
Vol 12 (12) ◽  
pp. 3367
Author(s):  
Erik Mostert
Keyword(s):  
The Netherlands ◽  
Water Framework Directive ◽  
River Basin ◽  
Agricultural Sector ◽  
River Basin Management ◽  
Political Support ◽  
Basin Management ◽  
Binding Effect ◽  
Law And Politics ◽  
Environmental Objectives

This article discusses the implementation of the Water Framework Directive (WFD) in the Netherlands and shows how law and politics combine in river basin management. Initially, the implementation of the WFD in the Netherlands was approached as a technical and administrative issue, handled by water quality and ecology experts, but, in 2003, this approach was broken open by the agricultural sector, who feared stricter regulation. Subsequently, the environmental objectives of the WFD were set as low as possible and they play no role when authorising new projects. In July 2015, however, the European Court of Justice determined that the environmental objectives have a binding effect and that Member States have to refuse authorisation of projects that jeopardise the achievement of these objectives. This example shows the important role that law as a social phenomenon or “field” can play in river basin management, provided the courts enjoy sufficient social and political support and function relatively independently, as they do in the Netherlands. The article discusses the origin of the juridical field and its relation with politics and concludes that, to understand river basin management fully, it is essential to understand how (water) law functions.

Water-Related Tools for Climate Change Adaptation in the Flemish Region: The Art of Linking Water Quality Standards to Spatial Planning

2010 ◽  
Vol 7 (3) ◽  
pp. 287-301
Author(s):  
Peter De Smedt
Keyword(s):  
Climate Change ◽  
Water Quality ◽  
Water Framework Directive ◽  
Spatial Planning ◽  
Water Policy ◽  
Quality Standards ◽  
Water Bodies ◽  
Water Quality Standards ◽  
Environmental Objectives ◽  
The Impact

AbstractThe Water Framework Directive (2000/60/EC) establishes a framework for integrated water management and functions as a major legal frame for the protection of water bodies in Europe. In the Flemish Region the Directive has been implemented by the Decree of 18 July 2003 on Integral Water Policy. As climate change affects the quality and quantity status of water bodies, the question arises whether the Water Framework Directive (WFD) and the Flemish implementation legislation are well-suited to handle climate change impacts. Although climate change concerns are not explicitly incorporated in the text of the WFD and the Flemish Decree, this author believes that the main components for an effective adaptation strategy are included in the above mentioned legislation. More in particular, this is achieved by the environmental objectives which have to be elaborated in environmental quality standards (EQS) on the one hand, and the integrated approach on the other hand. Water quality management on the basis of a high level of protection of the aquatic environment is indispensable for adapting to climate change, as ecosystem-based adaptation is most cost-effective. Therefore spatial planning should integrate water quality concerns, as spatial planning may be critical for spatial quality and more specific for the achievement of the environmental objectives. Consequently this contribution focuses on the impact of water quality standards on permit decision-making and spatial planning. In this context some legal instruments anchored in the Flemish legislation on integral water policy will be highlighted, especially the 'watertoets' (translated as the water checkup), which may be useful to facilitate adaptation to climate change.

scholarly journals Before and After the Weser Case: Legal Application of the Water Framework Directive Environmental Objectives in Sweden

2019 ◽  
Vol 31 (2) ◽  
pp. 265-290 ◽  
Author(s):  
Johanna Söderasp ◽  
Maria Pettersson
Keyword(s):  
Water Framework Directive ◽  
Water Governance ◽  
Court Cases ◽  
Eu Law ◽  
Governance System ◽  
High Profile ◽  
Environmental Objectives ◽  
Before And After ◽  
Judicial Implementation ◽  
High Level

Abstract The EU Water Framework Directive (WFD) prescribes environmental objectives and an adaptive water governance system. This article analyses the Swedish implementation of the WFD through a review of high-profile Swedish court cases regarding the application of the WFD environmental objectives in individual authorisation processes for water operations. The selection of court cases represents both the time before and after the Court of Justice of the European Union’s Weser case in 2015. The results indicate an inertial tendency in the legal application of the WFD environmental objectives in Swedish courts, including a reluctance to fully apply EU law as interpreted by the CJEU. The overall conclusion is that traditional legal certainty aspects often trump flexibility and a high level of environmental protection as desired in the adaptive water governance system of the WFD. This raises questions about judicial preconceptions and the procedural autonomy of the Member States vis-à-vis the ‘effet utile’ of EU law through judicial implementation.

The EU Waste Shipment Regulation and the need for better enforcement

elni Review ◽  
2010 ◽  
pp. 18-22
Author(s):  
Thomas Ormond
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Environmental Protection ◽  
European Community ◽  
Environmental Law ◽  
Eu Legislation ◽  
Community Regulation ◽  
Effective Instrument ◽  
Used Goods ◽  
The Eu

The European Community regulation on shipments of waste which was adopted in May 2006 is now in application since 12 July 2007. Although one of the more voluminous instruments of EU environmental law – with 64 articles and 9 annexes – it was intended as a means of better legislation in comparison with the old Waste Shipment Regulation dating from 1993. The main purpose of the revision was to transpose recent changes of international law into EU legislation, as well as to harmonise, restructure and streamline the legal text in order to achieve greater clarity. Another objective, not least due to later insertions by the European Parliament during legislative proceedings, was to strengthen effective enforcement on various levels. However, against a rising tide of waste shipments or dubious “used goods” ending up as waste in developing countries, the EU regulation has yet to prove that it is an effective instrument of environmental protection on an international scale.

Energy and Environmental Policy in the European Community and Canada

1991 ◽  
Vol 4 (2) ◽  
pp. 185-220
Author(s):  
Alastair R. Lucas
Keyword(s):  
Environmental Policy ◽  
European Community ◽  
Environmental Planning ◽  
Oil And Gas ◽  
Environmental Law ◽  
Criminal Liability ◽  
Energy Sector ◽  
Tradeable Permits ◽  
Environmental Laws ◽  
Environmental Audits

European Community and Canadian federal environmental laws as they affect the energy sector -oil and gas, and non-nuclear electricity generation- are reviewed and comparatively analyzed. The study concludes that it is appropriate to consider the development of both the Canadian and European environmental law in terms of a federal model and that there are legal federalism lessons to be learned from both sides. While from an energy sector perspective EC and Canadian environmental policy and law have developed in a broadly similar manner, the study shows important differences in timing and pace of implementation. Canadian energy industries were required to respond earlier to strengthening and harmonizing of air quality standards, and to the scientific and public review demands of environmental assessment than their European counterparts. EC air pollution measures targeted the energy sector more directly and explicitly than is the case in Canada. The EC has also been more successful in coordinating and integrating environmental and energy policy, and is closer to implementing economic pollution control instruments such as tradeable permits and taxes. Canada has placed greater emphasis on civil and criminal liability, including personal liability ofcorporate officers and directors, and the energy sector hasresponded with environmental audits and improvements in compliance and corporate environmental planning. The Canadian energy sector has, to a greater extent than the European imdustry, been required to deal with increasingly extensive rights of the public to participate in environmental decisions.

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