Year: 2016
Type: article
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.
Source: Journal of Environmental Law
DOI: 10.1093/jel/eqw022
Authors: Lorenzo Squintani, Helena van Rijswick
Institutions: University of Groningen, Utrecht University
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W2532939244