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.
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 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