EU Environmental Legislation


EU Environmental Legislation

Legal Perspectives on Regulatory Strategies

9781781954768 Edward Elgar Publishing
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
Publication Date: 2014 ISBN: 978 1 78195 476 8 Extent: 288 pp
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.

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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.
Critical Acclaim
‘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

‘Edward Elgar Publishing have produced an invaluable resource for legal academics and practitioners on current economic approaches to law. One of their latest titles, ‘EU Environmental Legislation’ has been issued as part of their ‘New Horizons in Environmental and Energy Law’ series. . . It will certainly excite a great deal of interest among environmental lawyers and academic lawyers and scholars specializing in this area. Government officers too, in the EU and in individual member states will certainly enhance their understanding of EU environmental legislation by acquiring this thoughtful and thought provoking book.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
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

1. Aim and Structure of this Book
Marjan Peeters and Rosa Uylenburg

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

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

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

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