Friday 16 March 2012Sustainable development

EU law and policy development Questions? Answers? views

EU perspective –Sustainable development means….

meeting the needs of the present generation without compromising the ability of future generations to meet their own needs.

Sustainable development is about safeguarding the earth's capacity to support life in all its diversity.

It is based on democracy, gender equality, solidarity, the rule of law and respect for fundamental rights.

(European Council 15-16 June 2006)

EU-Environmental policies:what other (EU/national) policies do

they cut across?

http://europa.eu

policies

Decision making process: democracy?Consider roles: numbersWhat about national parliaments’ views?

Proposes: Commission 1:27 Co-/Decides: Council of Ministers 1:27 (QMV) Prepares meetings/assists Co of Ministers: Committee of Permanent

Representatives (Coreper) 1:27 Co-/Decides: European Parliament 12:750+1 Advises: Economic and Social Committee 9:344 Consulted: Committee of the Regions 9:344

(QMV) qualified majority vote mostly, although some areas (e.g. direct tax) require unanimity

National parliaments (democracy?/oversight/scrutiny/influence?)

http://europa.eu - countries

Identify potential countries with similar/shared challenges/advantages (environmental/sustainability)

Consider – some of diversity listed in next slide

? One size fits all EU approach?

Patricia Conlan (patricia.conlan@ul.ie)week 8 semester 2/AY 2011/12

WHAT ARE THE (ENVIRONMENTAL/SUSTAINABILITY/OTHER) CHALLENGES WITH SO MANY MEMBER STATES?

Legal systemsPolitical systemsHistoryEconomic developmentLanguagesPopulation – density – age - gender balanceEnvironmentTopographyClimateSizeStyle of agricultureFood securityNatural resourcesTransport – including access to rivers/sea

Potential solution:European laws to be found in:

Treaties Regulation (enters national legal order automatically)

Directive (national measure needed)** - allows for local situation to be taken into account –but –binding as to the result – used mainly for environmental legislation

Decision

** Drinking water, septic tank (ground water), waste (electronic), bogs/turf cutting (Habitats Directive)

Treaty on the functioning of the European Union: article191 –

principles to be applied

TFEU Article 191focus of policy

1. Union policy on the environment shall contribute to pursuit of the following objectives:

— preserving, protecting and improving the quality of the environment,

— protecting human health, — prudent and rational utilisation of natural resources, — promoting measures at international level to deal

with regional or worldwide environmental problems, and in particular combating climate change.

Principles which inform policy and consequent laws

191(2). Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a procedure of inspection by the Union.

Varied challenges

191(3). In preparing its policy on the environment, the Union shall take account of:

— available scientific and technical data, — environmental conditions in the various regions

of the Union, — the potential benefits and costs of action or lack of

action, — the economic and social development of the Union

as a whole and the balanced development of its regions.

Sharing of competence(power)

191(4) 4. Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Union cooperation may be the subject of agreements between the Union and the third parties concerned.

The previous subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.

Consider the EU principles and offer a view as to how to deal with

Precautionary

Preventive

Polluter pays

Patricia Conlan (patricia.conlan@ul.ie)week 8 semester 2/AY 2011/12

ec.europa.eu/environment/nature/.../habitatsdirective/index_en.htm

Taking into account shared power (EU/Member State), and definition of sustainability, and principles

Consider cost for individuals Impact on jobs Freedom of the individual Location of activity Tradition Lack of alternatives for individual State services (cost, or lack of them) Other HOW WOULD YOU APPROACH THESE ISSUES?

REMEMBER

http://europa.eu – for all you ever wanted to know about EU environmental/sustainability policies/lawsPatricia.conlan@ul.ie