EU Environmental Law, Governance and Decision-Making

by Maria Lee

Overview

A vast and diverse body of EU law addresses an enormous range of environmental matters. This book examines a number of areas of substantive EU environmental law, focusing on the striking preoccupation of EU environmental law with the structure of decision-making. It highlights the observation that environmental protection and environmental decision-making depend intimately on both detailed, specialised information about the physical state of the world, and on political judgments about values and priorities. It also explores the elaborate mechanisms that attempt to bring these distinctive decision-making resources into EU environmental law in areas including industrial pollution, chemicals regulation, environmental assessment and climate change.

Product Details

ISBN-13:	9781782254089
Publisher:	Bloomsbury USA
Publication date:	12/01/2014
Series:	Modern Studies in European Law
Sold by:	Barnes & Noble
Format:	eBook
Pages:	273
File size:	829 KB

About the Author

Maria Lee is Professor of Law at University College London where she teaches and researches EU Environmental Law.

Table of Contents

Preface v

Table of Cases xi

Table of Legislation xvii

1 The Treaties and the Environment 1

Introduction 1

The Environment Title 2

Article 191: Environmental Objectives and Considerations 3

Article 191(2): The Environmental Principles 4

Article 192: Decision-Making on the Environment 16

Article 193: National Autonomy on the Environment 17

The Context for EU Action on the Environment 19

The EU Charter on Fundamental Rights 22

Conclusions 27

2 EU Environmental Decision-Making: Experts, Politics and Institutions 28

Introduction 28

Risk Assessment and Cost Benefit Analysis 29

Expertise and Politics in EU Risk Regulation 38

The Institutions of Expertise and Politics in EU Administration 44

Agencies 44

Comitology 47

Good Reasons in EU Environmental Law 52

Conclusions 56

3 Sustainable Development 57

Introduction 57

The International Evolution of Sustainable Development 58

Sustainable Development in EU Law and Policy 63

Environmental Integration 67

The Green Economy 69

Implementation and Governance of Sustainable Development 72

Conclusions 79

4 Instruments and Governance I: Setting the Scene 81

Introduction 81

Direct Regulation 82

Themes of New Governance 85

Flexibility 86

Collaborative Governance 89

Information and Learning 90

Perennial Concerns 92

Instruments of Regulation 96

Economic Instruments 97

Voluntary Instruments and Corporate Social Responsibility 101

Information as a Tool of Regulation 104

Conclusions 106

5 Instruments and Governance II: The Direct Regulation of Industrial Pollution 108

Introduction 108

Introducing the IED 109

Collaborative Governance in Seville 113

Harmonisation: The Role of BREFs 119

Institutional Learning 124

Implementation and Enforcement 126

Conclusions 131

6 Instruments and Governance III: Climate Change 132

Introduction 132

International Context 134

Emissions Trading 137

The Cap 138

Allocation of Allowances 140

Mitigation beyond the EU 142

Flexibility in the ETS 144

Concluding Comments 145

The Renewable Energy Directive 147

Energy Efficiency 154

Conclusions 157

7 Participation in Environmental Decision-Making in the Member States: Environmental Assessment 159

Introduction 159

The Aarhus Convention 160

Environmental Assessment 164

Environmental Impact Assessment 166

Strategic Environmental Assessment 171

The Success of Environmental Assessment? 174

Explaining Participation 176

Conclusions 180

8 Participation in Environmental Decision-Making at the EU Level 182

Introduction 182

Public Participation in the Treaties 183

The Citizens' Initiative 187

The Aarhus Regulation 190

Who Participates? 192

Access to Environmental Information at the EU Level 197

Conclusions 201

9 Authorising Products in the Internal Market: The Regulation of Chemicals in the EU 203

Introduction 203

The Regulatory Regime 204

Information 207

Privatisation of Information 207

Information as a Regulatory Tool 209

Limitations on Information in REACH 210

Information: Concluding Comments 213

Centralisation and the Role of the Member States 213

Public Participation in Decision-Making 216

Authorisation: Beyond Risk? 219

Conclusions 222

10 After Authorisation in the Internal Market: GMOs and National Autonomy 224

Introduction 224

Authorisation 225

Art 114 TFEU: The 'Environmental Guarantee' 227

Safeguard Clauses 231

The 'New Approach' to GMO Cultivation 234

Co-Existence 244

Conclusions 246

Conclusions 248

Index 252