EU Environmental Legislation Legal Perspectives on Regulatory Strategies

Author: Marjan Peeters; Rosa Uylenburg
Publisher: Edward Elgar Publishing
ISBN: 9781781954768
Published In: April 2014
Format: Hardback , 288 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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‘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.’
– Richard Macrory, University College, London, UK

This thought-provoking book offers a cross-cutting debate on EU environmental legislation from a legal perspective focussing 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.

PART I: INTRODUCTION
1. Aim and Structure of this Book
Marjan Peeters and Rosa Uylenburg

PART 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 Rijswick

3. The Emergence of the Framework Directive in EU Environmental Policy: An Exploration of its Function and Characteristics
Mireille Bogaart

4. Seeking Coherence Among Environmental Directives
Barbara Beijen

PART III: SPECIFIC REGULATORY CHOICES
5. Limits to Integration in Pollution Prevention and Control
Frans Oosterhuis and Marjan Peeters

6. Everything According to Plan? Achieving Environmental Quality Standards by a Programmatic Approach
Frank Groothuijse and Rosa Uylenburg

7. Obligations of Result or Best Effort: Dealing with Problems of Interpretation
Jasper van Kempen

8. Instrument Mix or Instrument Mess? The Administrative Complexity of the EU Legislative Package for Climate Change
Marjan Peeters

9. In Search of a European Legislative Approach to Adaptation to Climate Change
Andrea Keessen

10. Regulating Uncertain Risks of New Technologies: Nanomaterials as a Challenge for the Regulator
Elisabeth Vogelezang-Stoute

PART IV: CONCLUSION
11. Concluding Observations: Three Core Themes
Marjan Peeters and Rosa Uylenburg

Index

Edited by Marjan Peeters, Professor of Environmental Policy and Law, Maastricht University, The Netherlands and Rosa Uylenburg, Professor of Environmental Law and Nature Protection Law, University of Amsterdam, The Netherlands