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Improving Legal Certainty and Adaptability in the Programmatic Approach

Author
Squintani L., van Rijswick H.
Journal/Series
Journal of Environmental Law | Vol.28(3), p. 443-470
Date
2016
Source
IUCN (ID: ANA-091207)
Publisher | Place of publication
Oxford University Press | Oxford, UK
ISSN
0952-8873
Document type
Article in periodical
Language
English
Country/Territory
European Union
Subject
Environment gen., Legal questions
Keyword
Law reform/harmonization/deregulation Access-to-justice Air quality standards Policy/planning Water quality standards Public participation
Abstract

The effectiveness of the programmatic approach in (EU) environmental law is at times problematic. Our analysis of the manner in which this approach is regulated under the Air Quality Directive, the National Emission Ceilings Directive, the Nitrates Directive and the Water Framework Directive reveals room for improving adaptability and legal certainty. In light of the positive effects that a programmatic approach can have on, among other things, a high level of environmental protection, we formulate a set of recommendations to increase clarity and adaptability. This is the first study of this kind concerning this approach. Further research is needed in order to fully develop the potentials of the programmatic approach. In the absence of such data, the EU and national legislators should refrain from blindly prescribing this approach in other environmental areas.

Other references

Legislation

Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe.

Legislation | European Union | 2008 (2015)

Keyword: Basic legislation, Pollution control, Air quality/air pollution, Ozone layer, Emissions, Hazardous substances, Monitoring, Access-to-information, Data collection/reporting, Environmental standards, Standards, Protection of environment

Source: FAO, FAOLEX