scholarly journals The eu Water Framework Directive – Challenges, Gaps and Potential for the Future

2017 ◽  
Vol 14 (3-4) ◽  
pp. 249-268 ◽  
Author(s):  
Sarah Hendry
Keyword(s):  
Climate Change ◽  
Water Framework Directive ◽  
Unintended Consequences ◽  
Eu Water Framework Directive ◽  
The European Union ◽  
Policy Makers ◽  
Policy Perspective ◽  
Water Users ◽  
Court Of Justice ◽  
The Eu

This article assesses the progress of the European Union’s Water Framework Directive from a legal and policy perspective. Emerging judgments from the Court of Justice of the European Union are providing new clarity, for example on cost recovery for water services and the application of the ‘no deterioration’ principle. The article reflects on transposition, especially in the uk; analyses several aspects that have been especially challenging, for policy-makers, regulators and water users; and identifies some missing elements. Challenges include the meaning of ‘good status’ and the derogations to achieving the same; the article will suggest that the derogations are needlessly complex, and that ‘good status’ as a binding obligation has had unintended consequences. Absent from the text currently is provision for drought, climate change and ecosystem services, and it concludes that each of these could usefully be part of the Commission’s review in 2019.

scholarly journals Good Status in the Changing Climate?—Climate Proofing Law on Water Management in the EU

2021 ◽  
Vol 13 (2) ◽  
pp. 517
Author(s):  
Suvi-Tuuli Puharinen
Keyword(s):  
Climate Change ◽  
Water Management ◽  
Water Framework Directive ◽  
Surface Waters ◽  
Water Policy ◽  
Climate Change Impacts ◽  
Eu Water Framework Directive ◽  
Management Objectives ◽  
Policy Objectives ◽  
The Eu

Climate change impacts constitute a major risk to the attainment of water policy objectives. This article analyses the resilience of the EU Water Framework Directive (WFD) in the light of the challenges that climate change brings to achieving the Directive’s objectives, no-deterioration and good status of surface waters and groundwater. The WFD includes mechanisms to adapt the water management objectives to climate change impacts, including redefining good status and application of exemptions. However, more harmonised efforts at the EU level would be needed to ensure an equal level of ambition and continuity in the water management objectives capacity to steer towards sustainable regime shifts.

The Court of Justice of the European Union: Air Transport Association of America (Ata) et al. v. Secretary of State for Energy & Climate Change

2012 ◽  
Vol 51 (3) ◽  
pp. 535-562
Author(s):  
Uwe M. Erling
Keyword(s):  
Climate Change ◽  
European Union ◽  
Air Transport ◽  
The European Union ◽  
The United Kingdom ◽  
Court Of Justice ◽  
Secretary Of State ◽  
United Airlines ◽  
Trading Scheme ◽  
The Eu

On December 21, 2011, the Court of Justice of the European Union (‘‘ECJ’’) issued a long-awaited judgment in a reference for preliminary ruling in proceedings brought by the Air Transport Association of America, American Airlines, Inc., Continental Airlines, Inc., and United Airlines, Inc. (‘‘ATA and others’’) against the Secretary of State for Energy and Climate Change of the United Kingdom of Great Britain and Northern Ireland. The judgment intends to clarify the highly contentious issue of whether the application of the EU Emissions Trading Scheme (‘‘EU ETS’’) to aviation activities under the Directive 2008/101/EC is compatible with international law, and whether it violates the sovereignty of other states or the freedom of the high seas.

Institutional organisation of the European Union in the time of crisis – horizontal division of power and functions

2016 ◽  
pp. 54-66
Author(s):  
Monika Poboży
Keyword(s):  
European Union ◽  
Separation Of Powers ◽  
European Council ◽  
Executive Power ◽  
The European Union ◽  
Checks And Balances ◽  
Court Of Justice ◽  
Strong Position ◽  
Institutional System ◽  
The Eu

The article poses a question about the existence of the rule of separation of powers in the EU institutional system, as it is suggested by the wording of the treaties. The analysis led to the conclusion, that in the EU institutional system there are three separated functions (powers) assigned to different institutions. The Council and the European Parliament are legislative powers, the Commission and the European Council create a “divided executive”. The Court of Justice is a judicial power. The above mentioned institutions gained strong position within their main functions (legislative, executive, judicial), but the proper mechanisms of checks and balances have not been developed, especially in the relations between legislative and executive power. These powers do not limit one another in the EU system. In the EU there are therefore three separated but arbitrary powers – because they do not limit and balance one another, and are not fully controlled by the member states.

The preliminary ruling procedure at the court of justice of the European Union and transformation of European anti-discrimination law

2020 ◽  
Vol 2020 (3) ◽  
pp. 66-72
Author(s):  
Elena Sorokina
Keyword(s):  
Legal System ◽  
Essential Feature ◽  
Preliminary Ruling ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
National Courts ◽  
Court Of Justice ◽  
Protection Of Human Rights ◽  
The Eu

The preliminary ruling procedure is an essential feature of the EU legal system, which is a unique cooperation tool as part of the dialogue between the Court of Justice of the EU and national courts of the Member States. Its main purpose is to ensure uniform interpretation and application of the provisions of EU law with all Member States and to preserve the uniformity of the European legal system. The continuous use by national courts of the Member States of the mechanism of preliminary ruling and constructive inter-judicial cooperation, the Court of Justice has developed an extremely extensive case law on the prohibition of discrimination and with the result to introduce substantial changes in European anti-discrimination law.The preliminary rulings of the Court of Justice have shown its inclination to expand notions of what constitutes discrimination and in most cases the Court prompt by the desire to interpret the provisions of European law so as to ensure the full effectiveness of the law, as well as a willingness to promote and strengthen protection against discrimination in Europe. While the protection against discrimination on some grounds is stronger than others, however, the preliminary rulings of the Court of Justice are important contribution to the transformation of anti-discrimination law, promote change in the national legislation of the Member States and provide the more effective protection of human rights in general.

Social Investment as a Policy Platform

2017 ◽  
Author(s):  
Frank Vandenbroucke
Keyword(s):  
Social World ◽  
The European Union ◽  
Social Investment ◽  
Education Spending ◽  
Overlapping Consensus ◽  
Member States ◽  
Policy Perspective ◽  
The Social ◽  
Broad Consensus ◽  
The Eu

This contribution argues for a truly reciprocal social investment pact for Europe: member states should be committed to policies that respond to the need for social investment; simultaneously, member states’ efforts in this direction—notably efforts by those in a difficult budgetary context—should be supported in a tangible way. Social investment is a policy perspective that should be based on a broad consensus between people who may entertain certain disagreements regarding the level of their empirical and/or normative understanding of the social world. For that reason, the expression of an ‘overlapping consensus’ is used for delineating social investment advocacy. Data on education spending show that we are far removed from a social investment perspective at the European Union (EU) level. This underscores the fact that social investment advocates need to clearly consider the role the EU has to play in social investment progress.

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

scholarly journals New Plant Breeding Technologies: An Assessment of the Political Economy of the Regulatory Environment and Implications for Sustainability

2021 ◽  
Vol 13 (7) ◽  
pp. 3687
Author(s):  
Vincent Smith ◽  
Justus H. H. Wesseler ◽  
David Zilberman
Keyword(s):  
Political Economy ◽  
Sustainable Development ◽  
Development Policy ◽  
Regulatory Environment ◽  
The European Union ◽  
Policy Makers ◽  
International Policies ◽  
Modern Biotechnology ◽  
The Impact ◽  
The Eu

This perspective discusses the impact of political economy on the regulation of modern biotechnology. Modern biotechnology has contributed to sustainable development, but its potential has been underexplored and underutilized. We highlight the importance of the impacts of regulations for investments in modern biotechnology and argue that improvements are possible via international harmonization of approval processes. This development is urgently needed for improving sustainable development. Policy makers in the European Union (EU) in particular are challenged to rethink their approach to regulating modern biotechnology as their decisions have far ranging consequences beyond the boundaries of the EU and they have the power to influence international policies.

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