Better Regulation’ with ‘Make it Work’: An assessment of the Make it Work’s Drafting Principles on Compliance Assurance

elni Review ◽  
2016 ◽  
pp. 2-9
Author(s):  
Lorenzo Squintani
Keyword(s):  
Environmental Law ◽  
The European Union ◽  
Environmental Legislation ◽  
Member States ◽  
The United Kingdom ◽  
Better Regulation ◽  
Smart Regulation ◽  
National Environmental ◽  
Selection Of

The ‘better regulation’ agenda developed as a follow-up to the 2000 Lisbon Strategy. Especially after the 2002 ‘Better Law-Making’ Communication, the subsequent initiatives on ‘better’ and ‘smart’ regulation have added to simplification a fairly strong emphasis on reducing administrative burdens. In the context of EU law, environmental legislation is considered one of the sectors that is suitable for simplification and a reduction of administrative burdens. While mainly focusing on the European Environmental acquis, the Better Regulation programme has highlighted on several occasions that the lack of simplification and the presence of burdens may actually derive from national (environmental) law. Led by the Netherlands, the United Kingdom and Germany, a group of about 14 member states created the so-called Make it Work (MiW) Project. This project is a form of international cooperation between states, but, at the same time, it aims at influencing the functioning of the European Union. Indeed, this network of states “wants to open an ongoing debate on how the clarity, coherence and structure of EU environmental legislation can be improved, making it simpler for Member States to implement and easier for businesses and others to comply.” The MiW Project works on the basis of topics, which are discussed in meetings presided by civil servants at ministerial level with expertise on the subject matter of the discussion. The main output of these meetings is the drafting principles on making EU environmental legislation smarter, both generally and for specific policies, tools and procedures. Given the limited space available for this article, only a selection of drafting principles is discussed in this article. In order to provide a context to this selection, an overall description of the MiW Guiding Principles of Compliance Assurance is given.

scholarly journals Judicial Cooperation in Environmental Matters: Mapping National Courts’ Behaviour in Follow-up Cases

2018 ◽  
Vol 15 (2) ◽  
pp. 147-170
Author(s):  
Lorenzo Squintani ◽  
Dionne Annink
Keyword(s):  
Environmental Law ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
National Courts ◽  
Court Of Justice ◽  
Almost All ◽  
Willingness To Cooperate ◽  
Large Corpus

The need to ensure a uniform interpretation and effective application of the large corpus of EU environmental regulation in the jurisdictions of the Member States remains a task of pivotal importance for the Court of Justice of the European Union (CJEU). A quick look at the CURIA database reveals that many judgments are handed down every year to clarify the meaning of EU environmental provisions. It is therefore important to study the proper functioning of the tandem composed of the CJEU and the national courts in this field of EU law. In that sense, this article responds to Bogojević’s call ‘to draw a grander map of judicial dialogues initiated across various Member States’. More specifically, the topic investigated by this article is how Dutch courts have followed up on responses received from the CJEU to their preliminary reference requests in the field of EU environmental law, until January 2017. Almost all the cases we have retrieved from the Netherlands show various degrees of willingness to cooperate with the CJEU. This article highlights the existence of three trends: full cooperation, gapped cooperation and withdrawn cooperation.

Public Debates: Key Issue in the Environmental Licensing Process for the Completion of Cernavoda 2 NPP

2003 ◽  
Author(s):  
Ioan Rotaru ◽  
Adrian Jelev
Keyword(s):  
European Union ◽  
Environmental Law ◽  
Environmental Legislation ◽  
Public Issues ◽  
The Public ◽  
Public Debates ◽  
Environmental Licensing ◽  
Public Consultations ◽  
National Environmental

Societatea Nationala “NUCLEARELECTRICA” S.A., the owner of Cernavoda NPP, organized, in 2001, several public consultations related to environmental impact of the completion of the Cernavoda 2 NPP, as required by the Romanian environmental law, part of project approva. Public consultations on the environmental assessment for the completion of the Cernavoda NPP - Unit 2 took place between 15.08.2001–21.09.2001 in accordance with the provisions of Law No. 137/95 and Order No. 125/96. Romanian environmental legislation, harmonization of national environmental legislation with European Union, Romanian legislative requirements, information distributed to the public, issues raised and follow-up, they all are topics highlighted by this paper and they are addressing the environmental licensing process of the Cernavoda 2 NPP.

Part IX International Environmental Law in National/Regional Courts, Ch.63 European Union/United Kingdom

2021 ◽  
Author(s):  
Scotford Eloise
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Environmental Law ◽  
Court System ◽  
The European Union ◽  
International Environmental Law ◽  
Member States ◽  
The United Kingdom ◽  
The Uk ◽  
The Eu

This chapter evaluates international environmental law (IEL) in the courts of the European Union (EU) and the United Kingdom. This topic potentially covers many different kinds of courts, considering that the EU comprises many member states, each with its own court system, and the United Kingdom itself is a system of devolved government with different court systems. To draw out some key themes, the chapter focuses on decisions of the EU courts and the UK courts in England and Wales, as well as particularly notable decisions of other EU member state courts (available in English). The different experiences of IEL in these three sets of courts demonstrate that the doctrines of different legal systems and their legal cultures are critical to the experiences of their courts in implementing IEL. The chapter examines the reception and application of IEL in these different courts in two steps. It first looks at cases in which IEL has been directly applied by courts, considering the complex EU law in this area, and the EU's special role in implementing IEL in member states. The chapter then addresses cases where IEL applies indirectly in judicial reasoning.

Environmental Planning

2019 ◽  
pp. 814-833
Author(s):  
Jin Wang
Keyword(s):  
United States ◽  
European Union ◽  
Environmental Planning ◽  
Environmental Law ◽  
The United States ◽  
The European Union ◽  
The United Kingdom ◽  
Law And Policy ◽  
National Environmental ◽  
Environmental Law And Policy

This chapter discusses the importance of environmental plans as an instrument of environmental law and policy across jurisdictions. It first explains the concept of environmental plan, how environmental plans evolved in different jurisdictions, and the theory of environmental plans before considering the contents of national environmental plans. Using the examples of China, Sweden, France, the Netherlands, Sweden, the United Kingdom, the United States, and the European Union, the chapter examines the emergence and consolidation of national environmental plans, their underlying rationales, the processes through which they are formulated, and the areas most frequently addressed by them. It also shows how national environmental plans are implemented in those jurisdictions, along with their legal effects.

scholarly journals Judicial cooperation in environmental matters

2018 ◽  
Vol 20 (2) ◽  
pp. 89-108
Author(s):  
Lorenzo Squintani ◽  
Jon Rakipi
Keyword(s):  
Environmental Law ◽  
Eu Law ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
National Courts ◽  
The United Kingdom ◽  
Court Of Justice ◽  
The Uk ◽  
Willingness To Cooperate

The need to ensure a uniform interpretation and effective application of the large corpus of EU environmental regulation in the jurisdictions of the Member States remains a task of pivotal importance for the Court of Justice of the European Union (CJEU). A quick look at the CURIA database reveals that many judgments are handed down every year to clarify the meaning of EU environmental provisions. It is therefore important to study the proper functioning of the tandem composed of the CJEU and the national courts in this field of EU law. In that sense, this article responds to Bogojević’s call ‘to draw a grander map of judicial dialogues initiated across various Member States’. More specifically, the topic investigated by this article is how the United Kingdom (UK) courts have followed up on responses received from the CJEU to their preliminary reference requests in the field of EU environmental law, from the UK’s accession in 1972 until January 2017. All the cases we have retrieved from the UK show various degrees of willingness to cooperate with the CJEU. This article highlights the existence of three trends: full cooperation, fragmented cooperation and presumed cooperation.

scholarly journals THE LEGAL ISSUES AND PROSPECTS FOR THE ENVIRONMENTAL MONITORING DEVELOPMENT IN UKRAINE IN LIGHT OF INTERNATIONAL COOPERATION AND EUROINTEGRATION

2019 ◽  
pp. 31-42
Author(s):  
E. Pozniak ◽  
T. Sharaievska
Keyword(s):  
European Union ◽  
Environmental Monitoring ◽  
Environmental Science ◽  
System Analysis ◽  
Environmental Law ◽  
Legal Regulation ◽  
The European Union ◽  
Environmental Legislation ◽  
International Environmental Law ◽  
National Environmental

Constitutionally guaranteed validity of international treaties, ratified by the Verkhovna Rada of Ukraine and the fact that they are appeared to be a part of national legislation determines the relevance of international legal approaches in the development of national environmental legislation. The article analyses the international environmental monitoring regulations in order to implement their provisions into Ukrainian environmental legislation. The authors propose the new ways of the environmental science development and amendments to the national legal regulations in the field of environmental monitoring. The article investigates European approaches to legal regulation of relations on the implementation of environmental monitoring in order to adapt national environmental legislation to the legislation of the European Union and to eliminate deficiencies and gaps. The purpose of this article is to study the legal nature of environmental monitoring with the help of sources of international environmental law and environmental law of the European Union, cooperation of the countries of the world with the participation of Ukraine. The objective of this article is making proposals regarding the consideration of European legal and international approaches to the regulation of relations on the implementation of environmental monitoring in the current legislation of Ukraine. In order to improve legal regulation of environmental monitoring in Ukraine, it is suggested to support the adoption of the Law of Ukraine on Environmental Monitoring; to eliminate the fragmentation in the creation of subordinate regulatory mechanism for of environmental monitoring; to continue the research in the field of international environmental law implementation, taking into account European approaches. The methodological basis of the study comprises general scientific and special cognitive methods: formal-logical and logical-semantic methods, a method of system analysis and a method of interpretation of legal norms are used. These methods application contributes d to substantiating proposals for improving the provisions of the current Ukrainian legislation in the field under study.

Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit:

2020 ◽  
Author(s):  
Radovan Malachta
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Transitional Period ◽  
Mutual Trust ◽  
The European Union ◽  
Member States ◽  
International Convention ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Uk

The paper follows up on the arguments introduced in the author’s article Mutual Trust as a Way to an Unconditional Automatic Recognition of Foreign Judgments. This paper, titled Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit: Overview discusses, whether there has been a loss of mutual trust between the European Union and the United Kingdom after Brexit. The UK, similarly to EU Member States, has been entrusted with the area of recognition and enforcement of judgements thus far. Should the Member States decrease the level of mutual trust in relation to the UK only because the UK ceased to be part of the EU after 47 years? Practically overnight, more precisely, the day after the transitional period, should the Member States trust the UK less in the light of legislative changes? The article also outlines general possibilities that the UK has regarding which international convention it may accede to. Instead of going into depth, the article presents a basic overview. However, this does not prevent the article to answer, in addition to the questions asked above, how a choice of access to an international convention could affect the level of mutual trust between the UK and EU Member States.

Non-EU Legal Instruments (EFSF, ESM, AND Fiscal Compact)

2020 ◽  
Author(s):  
Francesco Martucci
Keyword(s):  
European Union ◽  
Legal System ◽  
Eu Law ◽  
The European Union ◽  
International Treaties ◽  
Fiscal Discipline ◽  
Member States ◽  
The United Kingdom ◽  
Fiscal Compact ◽  
Angela Merkel

‘Another Legal Monster?’ That was the question asked by the Law Department of the European University Institute on 16 February 2012 in a debate about the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG), also known as the Fiscal Compact Treaty. On 2 March 2012, twenty-five Member States of the European Union minus the United Kingdom and the Czech Republic signed the TSCG. A month before, on 2 February 2012, the euro area Member States signed the Treaty Establishing the European Stability Mechanism (ESM Treaty), another legal monster. In both cases, the monstrosity lies in the fact that Member States have preferred to conclude an international treaty, rather than to use the European Union (EU) institutional system. Why did the European Commission not propose a legislative act to establish a financial assistance mechanism in the Eurozone and strengthen the fiscal discipline in the EU? Does this mean the end of community method and a victory for the intergovernmental method? As Herman Van Rompuy commented about the crisis; ‘often the choice is not between the community method and the intergovernmental method, but between a co-ordinated European position and nothing at all’. In 2010, Angela Merkel defended her vision of a new ‘Union Method’ in a speech held at the College of Europe. This approach can be defined by the following description: ‘co-ordinated action in a spirit of solidarity–each of us in the area for which we are responsible but all working towards the same goal’. Each of us means the European institutions and Member States. The new ‘Euro-international’ treaties (or inter se treaties) raise a number of questions regarding their compatibility with EU law, implications for the Union legal system, institutional balance, national sovereignty and democratic accountability. These questions are all the more important because international treaties raise a number of questions on their compatibility with EU law, implications for the Union legal system and institutional balance.

Road Planning in Europe - a Case Study (Part I)

2006 ◽  
Vol 3 (6) ◽  
pp. 519-534 ◽  
Author(s):  
Eva L Silbermann ◽  
Riidiger Rubel
Keyword(s):  
European Union ◽  
Public Involvement ◽  
Ambient Air ◽  
Base Line ◽  
The European Union ◽  
Environmental Legislation ◽  
Judicial Process ◽  
Member States ◽  
Interesting Insight ◽  
Effective Network

AbstractThe free movement of goods, persons and services — at once the base line and the guiding principle of our united Europe — would be unthinkable without an effective network of transport routes. The planning of a road is much more than simply a technical exercise. It incorporates political, economic, legal and ecological aspects and is increasingly influenced by European environmental legislation. As a result planning law is a highly complex subject in all the Member States of the European Union. For these reasons the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union has recently compiled a general report on national planning procedures in the EU. Particular emphasis was placed on the administrative and judicial process, the forms and evaluation of public involvement and the implementation of European environmental legislation such as the Habitats- and Birds-Directives' as well as the Directives on Ambient Air'. The report shows that the influence of Community law has led to a certain harmonisation in the decision-making process and increased the environmental awareness of the parties involved. Furthermore it provides an interesting insight in the different methods of acceleration and facilitation which have been tested by the Member States since the time-consuming nature of planning procedures is a major problem in all legal orders.

scholarly journals Brexit and Acquired Rights

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 440-444 ◽  
Author(s):  
Michael Waibel
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Public International Law ◽  
The United Kingdom ◽  
Article 50

On March 29, 2017, the U.K. Government triggered Article 50 of the Treaty on European Union (TEU) on withdrawal from the European Union following a referendum on June 23, 2016 in which 51.89 percent voted for the United Kingdom to leave the European Union. As a hybrid provision, the much-discussed withdrawal provision in Article 50 TEU is part of EU law yet also anchored in public international law. Although the European Union is a unique, supranational organization that creates rights for individuals that are directly effective in national law, its member states created the European Union based on traditional treaties under international law.

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