Role of the EU in Enforcing Environmental Laws

1104 words (4 pages) Essay in Environmental Law

01/04/19 Environmental Law Reference this

Last modified: 01/04/19 Author: Law student

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The European Union (EU) is concerned with the protection of the environment. The union has adopted various measures with the aim of improving the quality of the environment for the European citizens. Provision of high quality environment ensures provision of high quality of life for the people (Booth et al 2015).  The conservation of the environment is made through adherence to the environmental laws and regulations that have been set.

The EU institutions have developed the right set of standards. The EU has developed the right set of policies that enables the countries of the European Union to be more environmental friendly while also protecting the natural resources (Reid, 2016). This is a mechanism to ensure that the well-being of the people is protected. In line to the issue, there are various polices formulated that seek to protect these natural resources (Jordan, 2009).

Provides the platform for the environmental assessment

The EU institution seeks to maintain the environmental standards through the environment assessment. The environmental assessment seeks to evaluate in various aspect for the environment in order to provide the right guideline in the main aspects that should hold (Hodson, 2017). The assessments entail the evaluation for the climate change impacts.

The EU institutions further provides mechanism through which regulation of the industries and other human activities is done. The particular regulation by the EU seeks to limit the carbon dioxide emissions from the factories while also providing the maximum amount that should be allowed per a given region (Axelrod & VanDeveer, 2014).

Additionally, the EU institutions seeks to ensure that practices such as deforestation and other human activities that damage the natural environment. The EU seeks to ensure there are appropriate mechanism for the people who are engaging in these practices. Appropriate legislation frameworks has been provided that seeks to ensure that the companies within the Europe jurisdiction apply technologies of production in a mechanism that seeks to ensure that there is minimal destruction of the environment. Some of the technology include Green energy technology, wastage efficiency system (Dickinson 2016). The provision for deploying these systems is to ensure that only the sustainable energy methods are only applicable in the industries in Europe.

The implementation of the community legislation is ensured by the member states of European Union. Jordan, (2009) depicts that the implementation and enforcement of the action at the national level requires the European Commission to fulfill and act the role of the guardian of treaties through providing the guideline through which all these regulations are ensured (Hedemann-Robinson, 2015). The Commission is therefore bestowed with the power to ensure that the major provision of the EU treaty are being adhered.

Challenges of Brexit in environmental law implementation

The main challenge of the Brexit in ensuring that the environment has been protected is ensuring that the United Kingdom follows the protocols set by the European Union. Considering that the EU has a standard that seeks to ensure that the environment is protected in a particular magnitude, the Brexit is considered to be an easy way that allows for the lowering of the administrative burden of legal compliance to these aspects (Reid, 2016).  In particular, there is concern that the protocol, permission and reporting practices which are required in EU shall be evaded through the Brexit considering that the United Kingdom shall be a different entity from the rest of the members in the European Union.

 Another challenges that shall be witnessed following the Brexit is that the issue in whether the United Kingdom shall keep pace with the evolving issues and standards of the EU. The implementation of the environmental law are implemented through the governing that are outlined in the treaties and this requires a framework through which all the countries agree to. In the event will pursue the legislation and implementation as a single entity, there shall be no common agreement on various standards and parameters to be used in the legislation and implementation of these regulation laws on the environment.

The implementation of the environmental laws and regulations done as separate entities shall have problems due to the issues that are likely to arise due to the agreements that has been set forth.

An illustration of the challenge is the Environment protection ACT 1990 which seeks to integration the aspect of the wastes to include normal wastes and the hazardous wastes.  The framework provided in the legislation sought to differentiate between these two in order to provide a regulation on the disposition of the type of wastes that falls under the category of the hazardous wastes (Hedemann-Robinson, 2015). The United Kingdom need to operate within such framework in order to attain the common objective that has been set. The provision seeks to maintain and protect the environment through the segregation, the main challenges is that these guidelines shall not be adhered in the right way since there is no mechanism of integration.

Further, there are evolving protocols under the EU Guidelines that required up to date refreshing with the intention of establishing the ne mechanism through which the protection of the natural resources shall be made. The Brexit shall offer challenge to the update of the technologies.

References

  • Axelrod, R. S., & VanDeveer, S. D. (Eds.). (2014). The global environment: institutions, law, and policy. CQ Press.
  • Booth, S., Howarth, C., Ruparel, R. and Swidlicki, P., 2015. What If…?: The Consequences, Challenges & Opportunities Facing Britain Outside EU. Open Europe.
  • Dickinson, A. (2016). Back to the future: the UK’s EU exit and the conflict of laws. Journal of Private International Law12(2), 195-210.
  • Hedemann-Robinson, M. (2015). Enforcement of European Union environmental law: legal issues and challenges. Routledge.
  • Hepburn, C., & Teytelboym, A. (2017). Climate change policy after Brexit. Oxford Review of Economic Policy33(suppl_1), S144-S154.
  • Hodson, D. (2017). Institutions of the European Union. Oxford University Press.
  • Jordan, A. (2009). The implementation of EU environmental policy; a policy problem without a political solution?. Environment and Planning C: Government and Policy17(1), 69-90.
  • Reid, C. T. (2016). Brexit and the future of UK environmental law. Journal of Energy & Natural Resources Law34(4), 407-415.
  • Tallberg, J. (2002). Paths to compliance: Enforcement, management, and the European Union. International organization56(3), 609-643.
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