Full Description
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
Contents
Contents:
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
