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This thought-provoking book offers a cross-cutting debate on EU environmental legislation from a legal perspective focusing on key themes such as regulatory instrument choice, the coherency of law, and enforceable commitments.Based on thorough investigations of several environmental domains - particularly water law, air quality law, industrial emissions law and climate and energy law - it presents the current state of EU environmental regulatory approaches and suggests potential ways for improvement. It pays close attention to the consequences of EU legislative choices for Member States and balances the need for clear environmental legislation providing enforceable substantive rights to citizens against the wish to leave discretion to Member States.This timely book provides a critical review of the complexity and inherent flexibility of EU environmental law. It will have great appeal to environmental law scholars, political scientists, environmental policy and law consultants and to Governmental officers both in the EU and Member States.Contributors: B. Beijen, M. Bogaart, F. Groothuijse, S. van Holten, A. Keessen, J. van Kempen, F. Oosterhuis, M. Peeters, M. van Rijswick, R. Uylenburg, E. Vogelezang-Stoute
Edited by Marjan Peeters, Professor of Environmental Policy and Law, Maastricht University and Rosa Uylenburg, Professor of Environmental Law and Nature Protection Law, University of Amsterdam, the Netherlands
Contents:PART I: INTRODUCTION 1. Aim and Structure of this BookMarjan Peeters and Rosa UylenburgPART II: CROSS-CUTTING ISSUES 2. The Governance Approach in European Union Environmental Directives and its Consequences for Flexibility, Effectiveness and Legitimacy Saskia van Holten, Marleen van Rijswick3. The Emergence of the Framework Directive in EU Environmental Policy: An Exploration of its Function and Characteristics Mireille Bogaart 4. Seeking Coherence Among Environmental DirectivesBarbara BeijenPART III: SPECIFIC REGULATORY CHOICES 5. Limits to Integration in Pollution Prevention and ControlFrans Oosterhuis and Marjan Peeters 6. Everything According to Plan? Achieving Environmental Quality Standards by a Programmatic ApproachFrank Groothuijse and Rosa Uylenburg7. Obligations of Result or Best Effort: Dealing with Problems of Interpretation Jasper van Kempen8. Instrument Mix or Instrument Mess? The Administrative Complexity of the EU Legislative Package for Climate ChangeMarjan Peeters 9. In Search of a European Legislative Approach to Adaptation to Climate ChangeAndrea Keessen10. Regulating Uncertain Risks of New Technologies: Nanomaterials as a Challenge for the RegulatorElisabeth Vogelezang-StoutePART IV: CONCLUSION 11. Concluding Observations: Three Core Themes Marjan Peeters and Rosa UylenburgIndex
‘EU environmental law is now a dominant source of influence in the development and application of environmental law and policy in most Member States. This important new study provides a fresh appraisal of the changing nature of EU environmental legislation, and the tensions between discretion and goals. Above all it tackles the difficult questions of the appropriate role and design of law in tackling current and future environmental challenges. It should be required reading by all those concerned with the future of environmental law, both within Europe and elsewhere, and the authors are to be congratulated on the quality and scope of their analysis.’
