The Implications of Brexit for Future EU Environmental Law and Policy

elni Review ◽  
2017 ◽  
pp. 11-16
Author(s):  
Céline Charveriat ◽  
Andrew Farmer

Brexit is an unprecedented event for the EU. No Member State has ever left the Union previously. At most, overseas territories with small populations have changed status, such as Greenland (Denmark) in 1985 and the Outermost Region Saint Barthélemy (France), which became an Overseas Country and Territory (OCT) in 2012. These cases may have limited lessons for the UK adapting its legislation post-Brexit, as they did not impact EU decision making and law and, therefore, are not precedents for the subject of this paper. There has been quite a lot of analysis on the possible consequences of Brexit for the future of UK environmental law. However, less attention has been given to the implications Brexit may have for the future of EU environmental law and policy. This paper presents some thoughts on this subject. It begins with a consideration of the impact of Brexit on the general political and economic atmosphere of EU environmental policy making. The paper then considers the issues of trade and the external border. Some specific policy areas are examined, including chemicals, climate policy and agriculture. The paper ends by considering the implications of a possible future dispute mechanism with the UK.

2018 ◽  
Vol 69 (3) ◽  
pp. 327-346
Author(s):  
Roderic O'Gorman

The UK’s departure from the EU will have significant impact on the existing EU environmental protection regimes. This article examines the possible options for the new relationship between the EU27 and the UK and how the environment might be protected under this. This is done through an analysis of how environmental law is dealt with under the EU’s existing relationship models with non-member states. These models are examined in conjunction with the negotiating lines that have been set down by both the UK and EU to see which is most politically feasible, and what impact it will have on how the EU protects the environment.


2021 ◽  
Vol 93 (4) ◽  
pp. 555-585
Author(s):  
Bożena Degórska

The main objectives of the research carried out were identification of the strength of – and trends characterising – the impact of EU law and policy on spatial planning and territorial governance in Member States, in relation to selected environmental issues; as well as an attempt to determine geographical regularities. The first issue analysed issue concerned the impact of EU environmental law on Member States’ spatial planning, while the second sought to demonstrate the importance of major EU policies in relation to their environmental objectives. A third aspect saw impact (“clout” ) assessed and trends identified where two environmental priorities under EU policies were concerned, i.e. (I) the strengthening of ecological structures and cultural resources as added value for development, (II) sustainable growth – promoting a more resource efficient, greener and more competitive economy. Most attention was paid to the top-down impact of the EU on spatial planning and territorial governance, though studies als sought examples of bottom-up and horizontal influence as signalled by national experts. This article is based on the results of the ESPON COMPASS project entitled: Comparative Analysis of Territorial Governance and Spatial Planning Systems in Europe. Analysis of the very extensive questionnaire material available, as well as the results of the case studies, resulted in an acknowledgment that the top-down influence determines the impacts of EU environmental law and policy on Member States’ spatial planning. In sum, that impact of the EU environmental law was identifiable as quite strong at all levels of planning. Indeed, trends for an increasing influence applied to the vast majority of countries. There were three regularities identified in this respect: (I) it is a strong impact and increasing clout that prevail to a significant degree among EU-15 countries, (II) a constant impact is characteristic for the vast majority of the Nordic countries, and in both cases is mainly an aspect of countries caring for the quality of the environment, (III) the greatest variation in terms of the strengths and irections of impact can be identified within the group of post-communist countries, even as there is a prevalence of upward trends noted in these countries. Among the EU environmental regulations exerting the greatest impact on the spatial planning and territorial governance of the Member States, the ones highlighted most frequently were the Directives on environmental assessments (EIA and SEA), as well as the so-called Habitats and Birds Directives. In seeking to summarise the strength of impact of the selected EU environmental policy priorities on Member States’ spatial planning and territorial governance – as well as the trends for that impact – the largest group of countries pointed to an upward trend and a moderate impact. However, results obtained offered no basis for the identification of clear regularities However, the Europeanisation of environmental law and policy was shown also to have a significant impact on the Europeanisation of environmental spatial planning. It also proved possible to demonst ate how spatial planning, although constituting a reserved domain of each country, is actually the most Europeanised of all environmental issues. With regard to the top-down impact of environmental law, i.e. that exerted from the EU level down to the spatial planning and territorial governance of the Member States, the adoption of the acquis communautaire is to be indicated as the main reason for the significant impact. Equally, when it came to the impact of environmental policy, it was usual for a strong link with Cohesion Policy to be identified. The article also offers recommendations regarding the development of a more-effective connection between Cohesion Policy and spatial planning and territorial governance, in the sphere of the protection and strengthening of countries’ natural and cultural heritage.


Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise and reliable guides for students at all levels. The eleventh edition of European Union Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. It also features a new chapter on the EU and its relationship with third countries, including the UK. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, further reading suggestions and the new ‘Brexit checklist’ feature help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts, general principles, free movement of goods and persons and citizenship.


Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes

This chapter provides a brief overview of how the EU shapes UK environmental law and policy. It begins by providing an introductory guide to EU law, outlining the key institutions of the EU, the different sources of EU law, and how EU law is made. The chapter then proceeds to look at the more substantive elements of EU law as they affect environmental protection, starting with the policy and constitutional bases for EU environmental law, and gives a flavour of the scope of EU environmental legislation, before considering the scope for national standards to exceed those set at EU level or to disrupt trade between the Member States. This is followed by a discussion of the challenges faced in making EU environmental law work, and then with some thoughts on the impact of Brexit and how this may shape UK environmental law.


ERA Forum ◽  
2020 ◽  
Vol 21 (4) ◽  
pp. 655-665
Author(s):  
Colin T. Reid

AbstractThe UK’s withdrawal from the EU will not bring about immediate changes to the substance of environmental law in the UK, but that law will become easier to change. The future position is complicated by devolution within the UK, where differing policy objectives on continuing alignment with the EU and weaknesses in the inter-governmental structures are causing problems. Environmental principles are being given legal recognition and new structures for environmental governance being created for each nation. These include environmental watchdogs that go some of the way to making up for the loss of the oversight provided by the EU institutions.


2014 ◽  
pp. 116-131
Author(s):  
Beata Słupek

The subject of this publication is the scepticism regarding the future of the European Union in the UK. The research is based on Eurobarometer surveys conducted over the period of five years. A purpose of the research is to show the relationship between the results of the Eurobarometer survey on the future of the EU, and the eurosceptic views in the UK. The main research questions is: is the UK sceptical about the future of the EU? Hypothesis of this publication is that the UK is sceptical about the future of the European Union. The reasons for such attitudes are not analysed here – the article is merely an attempt to present the societal attitudes. The research method employed is the comparative critical analysis of quantitative data. The conclusion is that Great Britain is not significantly eurosceptic. British people are, however, less enthusiastic about what is happening at present in the EU, and also are showing greater anxieties when it comes to the future of the EU.


Author(s):  
Scott James ◽  
Lucia Quaglia

This chapter outlines the theoretical and empirical puzzles that inform the book, its objectives, overall argument, and structure. It sets out to explain the changing preferences and influence of the UK in shaping multi-level financial regulation. In particular, the book addresses two empirical questions. Why has the UK favoured increasingly stringent regulation in certain financial sectors since the crisis, but not in others? Why has the UK led international and EU-level regulatory reforms in some areas, but has resisted these initiatives in other areas? The chapter also outlines the book’s ambition to undertake a preliminary assessment of the impact of Brexit on the future of UK financial regulation, focused on two questions. Why has the UK decided to withdraw from the EU single market in services, including finance? How is Brexit likely to impact on the UK’s regulatory preferences and ability to shape multi-level financial regulation?


Author(s):  
Daniel Kenealy ◽  
John Peterson ◽  
Richard Corbett

This chapter considers the impact of the United Kingdom’s (UK’s) decision to leave the EU. In June 2016, the UK held a referendum on continuing its EU membership. The UK voted to leave the EU by a narrow margin, but one large enough for its new Prime Minister (after David Cameron, who called the referendum, resigned), Theresa May, to call ‘Brexit’ (the process of Britain exiting the EU) ‘the settled will of the British people’. The result sent shock waves across Europe. This chapter seeks to explain how and why the Brexit vote occurred and what might happen—both to the UK and to the EU—as a result. Possible outcomes of the negotiations on Brexit are considered with a view to assessing their impact on the UK, the EU, and the future of European integration.


Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes

This chapter broadly considers the origins and evolution of environmental law and policy. It then moves on to look at some of the key challenges for the future, and at possible trends in environmental law and in the costs of complying—and not complying—with environmental law. Environmental controls have a long history, going back to medieval statutes on small-scale pollution and the development of private law principles to deal with threats to property and communal assets such as water. Of course, until recently, few would have thought of these laws as part of something called ‘environmental law’ because their main focus was on the protection of private and common property. The adequacy of private law, in particular, fell far short of an effective protection regime, even for affected individuals.


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