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EU Environmental policy: adapting to the principle of subsidiarity?

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Abstract

The emergence of the principle of subsidiarity in the early 1990s succeeded in raising the question of what level of government should do what in an enlarged Europe. This paper briefly summarizes the origins of the subsidiarity principle and considers the way in which it has been interpreted by the main EU institutions since the Maastricht Treaty moved it into the mainstream of European politics. Then it explores the implications of the subsidiarity debate in the context of the three main challenges facing EU environmental policy in the new millennium, namely improving implementation, encouraging environmental policy integration and preparing for enlargement. While the legal meaning of subsidiarity was greatly clarified by the 1999 Amsterdam Treaty, its substantive, long term impact upon the continuing process of European political integration is still open to question. Copyright © 2000 John Wiley & Sons, Ltd. and ERP Environment

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... Первый тип исследований связывает государственную состоятельность со способностью наднациональных нормативных регуляторов заставить страны-члены соблюдать право ЕС или со способностью стран-членов провести свой вариант определенного политического курса . Другие авторы настаивают на том, что государствен-ная состоятельность в рамках Европейского союза гарантирует стабильность работы консоциативных институтов европейской демократии, прежде всего «больших коалиций» и институтов, обеспечивающих горизонтальную и вертикальную подотчетность Jordan, 2000;Burgess, 2000;. ...
... Эндрю Джордан, анализируя принятие экологических стандартов странами -членами ЕС, упирает на то, что стандарты не просто «спускаются» Брюсселем и принимаются странами -членами ЕС, но обсуждаются между национальным и наднациональным уровнями власти, которые руководствуются имеющимися у них компетенциями для отстаивания своей позиции. Результатом этого обсуждения становится формирование «единой» европейской политики, удовлетворяющей интересы всех акторов, которые принимали участие в обсуждении [Jordan, 2000]. ...
... Первый тип исследований связывает государственную состоятельность со способностью наднациональных нормативных регуляторов заставить страны-члены соблюдать право ЕС или со способностью стран-членов провести свой вариант определенного политического курса . Другие авторы настаивают на том, что государствен-ная состоятельность в рамках Европейского союза гарантирует стабильность работы консоциативных институтов европейской демократии, прежде всего «больших коалиций» и институтов, обеспечивающих горизонтальную и вертикальную подотчетность Jordan, 2000;Burgess, 2000;. ...
... Эндрю Джордан, анализируя принятие экологических стандартов странами -членами ЕС, упирает на то, что стандарты не просто «спускаются» Брюсселем и принимаются странами -членами ЕС, но обсуждаются между национальным и наднациональным уровнями власти, которые руководствуются имеющимися у них компетенциями для отстаивания своей позиции. Результатом этого обсуждения становится формирование «единой» европейской политики, удовлетворяющей интересы всех акторов, которые принимали участие в обсуждении [Jordan, 2000]. ...
... provinces or municipalities), but also governing bodies specifically tailored to fit a certain spatial scale, such as river basins in the European Water Framework Directive. Generally, in decentralised states, these arrangements are made in accordance with the subsidiarity principle, which states that " decisions within a political system should be taken at the lowest level consistent with effective action " (Jordan and Jeppesen, 2000; p. 66). This principle can be traced back to political theories from the second half of the 19th century, in relation to efficiency of government action, but has gained a more specific meaning in the context of the European Union (EU), where it pertains to the allocation of national and supranational responsibilities (Jordan and Jeppesen, 2000). ...
... Generally, in decentralised states, these arrangements are made in accordance with the subsidiarity principle, which states that " decisions within a political system should be taken at the lowest level consistent with effective action " (Jordan and Jeppesen, 2000; p. 66). This principle can be traced back to political theories from the second half of the 19th century, in relation to efficiency of government action, but has gained a more specific meaning in the context of the European Union (EU), where it pertains to the allocation of national and supranational responsibilities (Jordan and Jeppesen, 2000). It thus depends upon the issue – or, more exactly, on the geographical scale of the bio-geochemical and social processes that underlie the issue – at what administrative level decisions are taken. ...
Article
Devolution is advocated as a solution to scale mismatches in urban environmental governance. However, urban environmental quality is a multi-scalar issue: its various aspects - noise, soil, odour, air, water et cetera - are influenced by processes at multiple spatial and temporal scales. Decisions by municipal authorities that benefit local environmental quality may, therefore, conflict with higher-level environmental objectives. Managing the effects of urban development on each of these various aspects, then, is not only a matter of attributing authority to the 'right' jurisdictional levels; rather, it is about organizing effective interplay among these levels. This paper compares two fundamentally different ways in which such interplay has been institutionalised in the Netherlands. Two examples illustrate these approaches and show that they may lead to different results. One approach is to devolve the authority to decide about the desired environmental quality upon the municipal level. The second approach is to have local authorities and polluters comply with centrally issued standards and, meanwhile, give them more leeway to negotiate the necessary emission reductions. Whereas the former offers the desired degree of flexibility, the latter guarantees that objectives are achieved. It is from the trade-off between flexibility and legal certainty that the choice for either of these approaches results. This paper contributes to the scientific debate on managing urban environmental quality in a multi-level governance context by demonstrating how the two approaches work out in practice and what their advantages and disadvantages are. The paper very preliminary judges the two approaches and suggests a third one combining the advantages of both.
... Global governance entails normative and practical judgements over the appropriate level of action in response to complex, cross scale problems. In this respect, the federal principle of subsidiarity (Jordan and Jeppesen 2000;Benson and Jordan 2008a, 2011a, 2014a could provide an effective 'scaling device' in determining task allocation between institutional levels, particularly the national and international. On this basis, subsidiarity could theoretically help diffuse inter-state sovereignty conflicts surrounding, for example, the current impasse in global climate governance. ...
... Here, subsidiarity was conceived in terms of sovereignty vested in lower levels or federal 'sub units' rather than centralised authorities, providing a presumption for decision-making at these levels (Follesdal 1998: 200-201). In contrast, Christian Subsidiarity has since, most (in)famously, been employed as a scaling device within the European Union (EU) multi-level governance system and, theoretically, has specific applications to environmental governance due to the inherently cross-scale or transboundary nature of such problems (Golub 1996;Jordan and Jeppesen 2000;Benson and Jordan 2008a, 2011a, 2014a. As discussed below, it was precisely these characteristics that led the EU to originally adopt subsidiarity as a key constitutional-legal principle for determining first the extent of its environmental competences and then EU powers more generally. ...
Conference Paper
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Global governance entails normative and practical judgements over the appropriate level of action in response to complex, cross scale problems. In this respect, the federal principle of subsidiarity (Jordan and Jeppesen 2000; Benson and Jordan 2008a, 2011a, 2014a,b) could provide an effective 'scaling device' in determining task allocation between institutional levels, particularly the national and international. On this basis, subsidiarity could theoretically help diffuse inter-state sovereignty conflicts surrounding, for example, the current impasse in global climate governance. Yet on further analysis, historical evidence from one leading multi-lateral institutional context – namely the European Union -suggests that the use of subsidiarity for this purpose provides a caveat emptor for effective environmental governance at the global level. While subsidiarity, in the EU context, legally dictates that action be taken at the lowest appropriate level (Benson and Jordan 2014b), in reality environmental policy tasks have become progressively, and sometimes contentiously, concentrated within European institutions (see Jordan et al. 2010). This process both underlines the conceptual malleability of the EU's subsidiarity principle and its irreducibly normative characteristics (Benson and Jordan 2014b). In terms of 'lesson drawing' (Benson and Jordan 2011b) for global environmental governance, we therefore seek guidance from alternative federal theoretical arguments to suggest that subsidiarity could nonetheless provide a principled means of mediating inter-state conflict. Rather than an essentially 'zero-sum' conception of task allocation, as is evident in EU constitutional frameworks, our analysis indicates that subsidiarity could be re-interpreted for the international context to guide more flexible, cooperative forms of functional task-sharing between levels (Benson and Jordan 2011a); thereby partly addressing national sovereignty concerns.
... Since decisions made at local levels more often reflect the preferences of local actors and their actions (Hooghe, 2003;Jordan & Jeppesen, 2000;Scharpf, 1988), the resulting solution methods and their consequences could be uniting rather than conflicting. This feature of paradiplomacy is especially crucial for the management of multidimensional problems, which are prone to conflicts due to the implementation of short-term, top-down solutions for poorly defined questions. ...
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... There has been widespread focus on decentralisation and devolution of natural resource management to local levels in an attempt to improve effectiveness and justice (see Chapter 13). For example, the principle of subsidiarity ('decisions within a political system should be taken at the lowest level consistent with effective action'; Jordan and Jeppesen, 2000) is codified in European Union legislation. ...
Chapter
Researchers are documenting a wide diversity of conflicts that emerge among stakeholders about biodiversity conservation (Redpath et al., 2013). This body of evidence challenges the often stated assumption that all biodiversity has positive benefits towards human well-being (Maier, 2013) as different stakeholders may have very different views on the costs and benefits of different situations. The reality is that while much biodiversity conservation (hereafter ‘conservation’) benefits many humans, there can be real economic or social costs for conservation. The extent to which a given biodiversity component or conservation action represents a service or a disservice can vary with scale. For example, species that represent ‘public goods’ in general may represent ‘public bads’ locally (Bostedt, 1999). Large carnivores are a classic example. Because the costs of economic and social conflicts resulting from their presence are felt locally, attitudes to these species are often significantly less positive in the areas where they occur than in distant areas and cities (Karlsson and Sjostrom, 2007; Box 15). However, the opposite situation may also occur. For example, in the harvest of wild ungulate populations the benefits (recreational opportunities, sale of licences and meat) of harvesting a ‘public good’ often fall to the local landownerwhile the costs (e.g. compensation for forest damage, vehicle collisions and infrastructure to mitigate vehicle collisions) usually fall on society as a whole (Kenward and Putman, 2011; Langbein et al., 2011; Reimoser and Putman, 2011).
... 128 The proposed deeper reforms consider a change from the traditional management of command and 129 control to a more participatory third-order governance This one, will incorporate the fisheries industry 130 and Member States (Sellke & Dreyer, 2011). The governance system could be improved according to 131 the theory of subsidiarity, in which the lower and least centralized competent levels handle the 132 decisions (Jordan & Jeppersen, 2000). This principle could facilitate the inclusion of industryconcerns creating a CFP that made easier the implementation of the measurements encouraging the 134 compliance and collaboration (Symes & Phillipson, 2009). ...
... Instead, this structure is underpinned by the subsidiarity principle, according to which decisions within a political system should be taken at the lowest level consistent with effective action. It also relates with to already established idea in the MLG literature, that the involvement of lower levels of government can make policymaking reflect local citizens' preferences more closely (Hooghe & Marks, 2003;Jordan & Jeppesen, 2000;Scharpf, 1988). Yet, environmental paradiplomacy cannot be justified by the idea that the level of jurisdictional authority should best 'match' the geographic scale of the problem -referred by environmental lawyers as the matching principle (Sovacool, 2008). ...
Thesis
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This study analyses the international environmental relations undertaken by subnational governments, a phenomenon conceptualised as environmental paradiplomacy. Research on paradiplomacy examines subnational governments’ international relations without considering their engagement with environmental issues, while multilevel governance (MLG) theory focuses on the rescaling of governance of environmental problems without addressing subnational engagement in international relations. Combining paradiplomacy studies and MLG theory, the thesis develops an original conceptual framework to investigate a leading example of environmental paradiplomacy. The conceptual framework is applied to the case of the state of São Paulo, a regional government in Brazil that, since the 1970s, has strongly engaged in international environmental activities. In contrast with other findings on paradiplomacy, the state of São Paulo engages in international relations not only as a way of challenging, but also of collaborating with the national government. The major empirical data informing the thesis was gathered through participant observation and semi-structured interviews with key figures involved with environmental governance in the state and at the national level, as well as representatives from NGOs, universities, the private sector and foreign policy-makers. The study furthers the understanding of paradiplomacy offering analytical insight into: (1) how subnational governments engage in transnational relations; (2) the reasons driving them to undertake paradiplomacy; and (3) the outcomes of their actions. It also contributes more generally to research on global environmental governance, offering new theoretical insights on the roles of subnational governments and the changing relationships between different levels of government in national and international policymaking.
... The principle of subsidiarity recognises that decision-making should be made at the lowest level at which it can be effectively managed and the concept is applied internationally, often in relation to environmental decision-making (Ewing, 1999;Jordan and Jeppesen, 2000;Dalal-Clayton et al., 2003, Chapter 4;Lane et al., 2004a). ...
Thesis
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Framed in the context of the Australian Government’s funding initiative, the Natural Heritage Trust Phase Two, the thesis evaluates the effectiveness of regional, community-based, integrated environmental planning in Australia. The formation of regional groups, development of regional plans and investment strategies, and the roles of stakeholders in this process, are examined. A regional environmental management system model was developed to assist in the evaluation of planning processes. Using a case study approach, the efforts of four regional groups from Western Australia, South Australia and Victoria are presented. Interviews with regional participants, document analysis and participant observation highlighted the difficulties in the transition to regional delivery for both regional and community groups. Regional-scale management is supported despite inevitable hierarchical tensions and concerns regarding the legitimacy of regional groups. Planning processes were hindered by limited funding, restrictive timelines and vague guidelines which slowed plan development and led to frustrated and confused regional and community group members. Limited opportunities for community input during planning processes and inadequate communication also led to an alienation of local community groups. While Phase Two of the Natural Heritage Trust project has advanced the original program, there remains room for further improvement. Many of the problems encountered in community-based regional environmental planning are yet to be addressed. It is argued that for regional groups to be effective they must improve their legitimacy, encourage and support subsidiary groups, further involve local governments, improve communication amongst stakeholders, and enhance their organisational capacities, particularly through training. The success of regional planning processes will be evidenced by how many community members actively implement regional objectives and whether long-term support is provided by Australian, State and local governments. The regional environmental management system model is a potentially useful tool to assist regional groups in planning and management activities.
... States (Sellke & Dreyer, 2011). This management tool could be improved by applying the theory of subsidiarity, in which the decisions are handled by the lower and least centralised competent level (Jordan & Jeppersen, 2000). This principle could facilitate the inclusion of industry concerns into the CFP, involving like that those directly affected, and creating a CFP that encourages compliance and collaboration making easier the implementation of the measurements (Symes & Phillipson, 2009). ...
Research
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Master Thesis: "Approach to the 2014 discard ban in the EU Common Fisheries Policy and trials with bycatch reducing trawl techniques" Supervision: Roger Larsen and Michaela Aschan Abstract (short): The aim of this thesis is to give a description of the new Common Fisheries Policy with a focus on the discard ban and the landing obligations. The efficiency of the square mesh window (SMW) as selectivity device was evaluated in the Norwegian shrimp fishery. The obtained data was used to observe if the SMW would accomplish the bycatch levels aimed in the new CFP. In addition, the data was compared with data from experiments conducted in the Bay of Biscay by the research centre of AZTI-Tecnalia. Both studies prove the inefficiency of the device to accomplish the bycatch regulation adopted through the new CFP. These results allow us to conclude that more selectivity studies are still needed to achieve the European target of less than 5% bycatch to avoid discards in mixed fisheries
... There has been widespread focus on decentralisation and devolution of natural resource management to local levels in an attempt to improve effectiveness and justice (see Chapter 13). For example, the principle of subsidiarity ('decisions within a political system should be taken at the lowest level consistent with effective action'; Jordan and Jeppesen, 2000) is codified in European Union legislation. ...
Book
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Conflicts over the conservation of biodiversity are increasing and are serious obstacles to wildlife conservation efforts worldwide. Changing patterns in land use, over-exploitation, pollution, climate change and the threat posed by invasive species all challenge the way we currently maintain and protect biodiversity - from the local management of single species to the international management of resources. Integrating approaches from different academic disciplines, policy makers and practitioners, this volume offers a radically new, cross-disciplinary, multi-scale approach to deal with conflicts. Groundbreaking strategies for conservation are analysed and a large section of the book is devoted to exploring case studies of conflict from around the world. Aimed primarily at academics, researchers and students from disciplines relating to conservation, ecology, natural resources management and environmental governance, this book will be equally valuable to conservation NGOs and practitioners, and the policy community at national and international levels.
... In 1972, the European Commission initiated the First Environmental Action Programme (EAP), mainly because of growing pressure from environmentalists and the need for supranational efforts to reduce and prevent pollution by creating a coherent policy response (Hildebrand, 1992). According to Jordan and Jeppesen (2000), policy making during the 1970s and early 1980s was '. . . overwhelmingly closed and technocratic in nature, dominated by national experts with very little input from the public and sub-national actors'. ...
Article
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European integration has consequences for environmental planning in the European Union. Recent evaluations of the European Commission show that implementation of environmental directives proves to be a challenging task for the responsible authorities. This paper discusses the relation between the implementation of the Water Framework Directive and the Birds and Habitats Directives in The Netherlands. Studies from this member state show that legal and procedural aspects of planning and decision making gain the most attention and that environmental goals are fading into the background. We study the integration of the two directives from a policy and practice perspective and discuss the difficulties that arise in the implementation process. Copyright © 2009 John Wiley & Sons, Ltd and ERP Environment.
... The phenomenon of scaling up is often associated with "scale 8 The principle of subsidiarity directs that "powers or tasks should rest with the lower-level sub-units of that order unless allocating them to a higher-level central unit would ensure higher comparative efficiency or effectiveness in achieving them" (Føllesdal 1998, 190). Latterly, the principle has been applied in the context of the European Union applied (van Hecke 2003;van Kersbergen and Verbeek 2004) where the principle of subsidiarity pertains to many policy areas -including environmental and water policy (Golub 1996;Jordan and Jeppesen 2000). ...
... Previous studies pointed out that, for instance, it makes more sense for the EU to govern energy or transport for policy integration. However, the limits to what can be achieved at the European level are not clear (Jordan & Jeppesen, 2000). Hence, these policies could be visualized as a scale of subisdiarity-related preferences (from highest to lowest). ...
Article
This paper examines citizens' preferences for a supranational decision-making in 21 European countries based on the data collected from the European Social Survey (ESS). The goal of this study is twofold. The first intention is to create a one-dimensional cumulative scale of political preferences at supranational level. Mokken scaling, a non-parametric item response approach is used for this purpose. We haven't found any single unified European scale and clusters of countries based on citizens' preferences regarding decision-making were carried out. Notably different levels of support emerged for supranational decision-making in different clusters. On that basis, individual scores for the level of supranational decision-making were developed. The second goal is to study the external validity of supranationalism in order to understand empirically which are the main factors responsible for determining the previously created level of supranationalism. Results show that most relevant variable is "trust in the European P" which has a strong positive effect on support for supranational decision-making, while trust in the national parliament has a negative effect on the same variable. The pattern of significant variables is similar across clusters but the ranking of most influential variables on supranationalism varies.
... Early publications which explicitly evaluate EU environmental policy from the subsidiarity perspective are rather critical regarding the strong degree of EU involvement and highlight the regional or local nature of many environmental goods (Golub, 1996; Döring, 1997). Later analyses are more positive about EU involvement (Jordan and Jeppesen, 2000; Flynn, 2000). Flynn (2000) highlights the often poor capability of regional or local governance systems to address environmental problems for reasons such as inadequate administrative, human, and financial resources, and the danger of regulatory capture. ...
... 14 WFD) and in the adaptive management requirements through iterative river basin planning cycles every six years (Newig, 2005a). Following the subsidiarity principle (see Jordan and Jeppesen, 2000), the WFD takes into account the differences between MSs and regions, and allows for an adjustment of both environmental objectives and measures to the regionally specific geographical, economic and social conditions (Petry and Dombrowsky, 2007, p. 14). This, however, poses great challenges for its effective implementation. ...
Article
This paper discusses the opportunities and constraints regarding the effective implementation of the European Water Framework Directive (WFD) in the area of diffuse nitrate pollution. Owing to the subsidiarity principle and a new procedural mode of governance, the WFD only sets distinct environmental targets, leaving most decisions on how to operationalize and institutionalize the reduction of diffuse nitrate pollution to the member states. This is a particular challenge for Germany, where lower scale regions have become the main implementers of European water policy. Successful implementation of the WFD, i.e. the actual improvement of water quality, depends on a series of key contextual and contingent factors, operating at a regional scale. In a Northwest German region with intensive agriculture and severe nitrate pollution, we analyse the historical and economic context and actor network of the region as well as the influence of environmental groups on public participation, the potential of biogas technology and new financial options. Besides the specific influence of these factors on the implementation process, we explore the uncertainties and difficulties surrounding European legislation and its operationalization in Germany and on a regional scale. Copyright © 2007 John Wiley & Sons, Ltd and ERP Environment.
... The need for unanimity represents both a huge hurdle to ecological tax reform in the EU and a continuing institutional inducement to rely on regulation. The EU has been slow to adopt voluntary agreements and other, softera forms of law in spite of the current popularity of the subsidiarity principle, partly because of concerns about their enforceability (Jordan and Jeppesen, 2000). Furthermore, early on in its short life, Member States gave the EU a powerful institutional incentive to regulate wherever possible by vesting it with so few "nancial resources of its own (and virtually none in the environmental "eld). ...
Article
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This paper offers a critical review of the European Union Habitats Directive, which requires Member States to designate and protect a network of habitats of European importance. In the UK, several problems linked to implementation have already appeared at the local level. These are illustrated through two case studies where an often restrictive and static interpretation of the legal requirements of the Directive has led to management conflicts. It is suggested that the use of participatory approaches and instruments adapted to no-net-loss policies such as mitigation banking, while not entirely unproblematic, could ease some of the practical problems of implementing the Directive.
... If this trend continues, the successful growth of microgeneration within the UK will depend increasingly on the consistency and coordination of microgeneration policy at the local level (the local–local dimension) and matching central government resources with local government ambitions (central–local dimension; e.g. the level of funding provided by the LCBP for microgeneration in new housing developments). This focus on local government is supported theoretically by the subsidiarity principle , which states that ''decisions within a political system should be taken at the lowest level consistent with effective action'' (Jordan and Jeppesen, 2000: 66). Domestic energy issues, like microgeneration, are certainly a local issue and evidence from the UK's local–level energy efficiency HECAction schemes supports this notion, suggesting that citizens have a closer relationship with their local government and are therefore more likely to respond to local policy initiatives than measures led from the centre (Jones et al., 2000). ...
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... Commentators have written of the "implementation gap" in European environmental regulations (Jordan and Jeppesen, 2000). A recent EU survey found that "there is difficulty in the timely and correct implementation as well as proper application of community environmental law by Member States" (EC, 2003d). ...
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The European Union is on the verge of establishing an emissions trading program ten times the size of the Acid Rain trading program in the United States. Its design takes advantage of many lessons from existing experience with trading programs, as well as economic theory, and innovates in important ways. While we view this as an impressive development, concerns about equity, enforcement, and efficiency remain. Specifically, a lack of data and weaker environmental institutions in some EU Member States raises questions about both allowance allocations and compliance and enforcement. Although much attention has focused on whether prices will be “too low” in the first phase of the program, a greater risk is that uncertainty about program elements, technology and behavioral response, and external events could create volatile markets and costly compliance in the second phase. Regardless of outcome, the EU trading system will be influential in future international efforts to reduce greenhouse gases.
... Article 3b reads as follows:`I n areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of scale or effects of the proposed action, be better achieved by the Community'' (emphasis added). This form of wording quite clearly places a much higher burden of proof on the EU to demonstrate that action within its sphere of authority is more effective, than on states to justify the benefits of the status quo (Jordan and Jeppesen, 2000). ...
Article
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Subsidiarity, the principle which says that action should be taken at the lowest effective level of governance, is a potentially powerful concept around which a debate about the optimal assignment of tasks across different administrative levels of the European Union (EU) could be constructed. Its sudden incorporation into mainstream European discourse in the early 1990s provided an unprecedented opportunity for such a debate to take place. However, for various reasons this opportunity was spurned and subsidiarity has since metamorphosed into a technical process of legislative reform dubbed 'Better Law-Making'. By analysing recent experience in the water sector through the lens of 'new' institutional theory, the author reveals that, far from undermining the framework of EU environmental policy, instead, the reforms have led to the tightening of some existing standards, although less important issues are being devolved to national authorities. It is debatable whether the political outcomes of the reform process to date were fully expected or desired by those states that advocated greater subsidiarity in the first place. There is precious little evidence that European environmental governance has moved much 'closer' to European citizens as a result of subsidiarity.
Technical Report
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Despite proliferating claims that Ghanaian forestry is collaborative and community-based, most powers over forestry remain concentrated in an unrepresentative and unaccountable centralized forestry administration. In ways that presage current negotiations over the principle of subsidiarity, various regimes in Ghana throughout the twentieth century have, when challenged, misconstrued agro-ecological processes in order to justify centralized and violent control that, although conducted in the name of the public good, allowed forest resources to be appropriated by select state agents, traditional authorities, and domestic and international firms. Recommendations are given to help pry the concept of subsidiarity away from abuse by hegemonic elites: participatory empirical studies of forest agroecologies and management, and inclusive processes of formulating and interpreting policies and laws.
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The mining industry’s aspirations towards a catchment-based water management approach have similarities with the concept of Integrated Water Resources Management (IWRM) which has been committed to by many governments around the world. However IWRM has proved challenging to implement in practice. This paper considers the question: Which challenges are mining companies likely to face when implementing a catchment-based approach at a mine site level? Drawing on lessons from the IWRM literature, it is argued that three coordination challenges must be overcome: fit, horizontal interplay, and vertical interplay. The problem of fit arises because the boundaries of mining leases do not align with water catchments, necessitating collaboration between companies to manage cumulative impacts. Problems of horizontal interplay arise because mining sites are typically one of several water users within a catchment, requiring that they liaise with diverse stakeholders to understand the multiple values provided by water. Problems of vertical interplay arise across organizational levels and require alignment between corporate and site priorities. Drawing on examples from Australia, Mongolia and Germany, each coordination challenge is described, mechanisms for overcoming each challenge are discussed, and the paper concludes with future research directions.
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In 2015 David Cameron announced that he would seek to renegotiate the UK’s existing terms of membership with the EU and put the outcome to a vote in a national referendum. The result of that vote is hugely significant because it will shape the UK’s relationship with the rest of Europe for decades to come. David Cameron has described it as “the most important decision that the British people will have to take at the ballot box in our lifetime.” The stakes are particularly high in a mature policy area such as the environment, which has been profoundly affected by a wide array of EU policies covering agriculture, energy, fisheries, climate change and of course environmental protection. The EU is well-known for its economic activities – its single market, customs union and currency. Yet its environmental policies, which have quietly accumulated since the early 1970s, address every aspect of environmental protection from air and water pollution, through to land-use planning and climate change. Together, they constitute one of the most comprehensive bodies of environmental protection law in existence anywhere in the world today. Because policy making in Brussels is often highly technical, its net effect on the daily lives of UK citizens and their local environments tends to escape media attention. This short booklet seeks to address that situation. First, it summarizes the main findings of a detailed review of the academic evidence on how EU membership has influenced UK policies, systems of decision making and environmental quality. Containing 14 chapters and over 60,000 words, the review documents how the EU has affected UK environmental policy and how, in turn, the UK has worked through the EU to shape wider, international thinking. It has been authored by 14 international experts, who have drawn on the findings of over 700 publications to offer an impartial and authoritative assessment of the evidence.
Technical Report
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In 2015 David Cameron announced that he would seek to renegotiate the UK’s existing terms of membership with the EU and put the outcome to a vote in a national referendum. The result of that vote is hugely significant because it will shape the UK’s relationship with the rest of Europe for decades to come. David Cameron has described it as “the most important decision that the British people will have to take at the ballot box in our lifetime.” The stakes are particularly high in a mature policy area such as the environment, which has been profoundly affected by a wide array of EU policies covering agriculture, energy, fisheries, climate change and of course environmental protection. The EU is well-known for its economic activities – its single market, customs union and currency. Yet its environmental policies, which have quietly accumulated since the early 1970s, address every aspect of environmental protection from air and water pollution, through to land-use planning and climate change. Together, they constitute one of the most comprehensive bodies of environmental protection law in existence anywhere in the world today. Because policy making in Brussels is often highly technical, its net effect on the daily lives of UK citizens and their local environments tends to escape media attention. This expert review together with a much shorter executive summary seek to address that situation. It provides a detailed review of the academic evidence on how EU membership has influenced UK policies, systems of decision making and environmental quality. Containing 14 chapters and over 60,000 words, it documents how the EU has affected UK environmental policy and how, in turn, the UK has worked through the EU to shape wider, international thinking. It has been authored by 14 international experts, who have drawn on the findings of over 700 publications to offer an impartial and authoritative assessment of the evidence. Second, this review looks forwards in order to explore what the effects might be of a vote either to remain or leave the EU. A vote to remain would mean that the UK operates in a ‘reformed’ EU. But what would that actually look like? By contrast, a vote to leave would push the UK into unchartered waters: no state has ever left the EU before. Would environmental standards be more likely to rise or fall, who would make significant decisions and what are the environmental effects likely to be? This review seeks to cut through the technical complexity and the uncertainty associated with these choices by transparently exploring the risks and opportunities that are likely to arise across three main scenarios:- • A vote to Remain – (The ‘Reformed EU option’) • A vote to Leave – and become a member of the European Economic Area (EEA) (The ‘Norwegian option’) • A Vote to Leave – and negotiate free trade deals with the EU (The ‘Free Trade option’) There are infinitely more scenarios that could be considered, but these three capture the most critical choices, risks and opportunities. We hope that by presenting the evidence in this way, this review will give voters a much fuller insight into what is at stake on 23 June.
Technical Report
Full-text available
In 2015 David Cameron announced that he would seek to renegotiate the UK's existing terms of membership with the EU and put the outcome to a vote in a national referendum. The result of that vote is hugely significant because it will shape the UK’s relationship with the rest of Europe for decades to come. David Cameron has described it as “the most important decision that the British people will have to take at the ballot box in our lifetime”. The stakes are particularly high in a policy area such as the environment, which has been very heavily affected by a wide array of EU policies covering agriculture, energy, fisheries, climate change and of course environmental protection. This blog presents the results of an ESRC funded expert review of UK-EU relations in the environmental sector. It investigates how membership of the EU has affected the UK environment (policies, processes and quality) and what might change in the event of a vote to Remain or Leave. Our expert review (14 international experts, 700 references and over 60.000 words) and its executive summary are now available. Further details: http://environmenteuref.blogspot.co.uk/
Article
As the world's biggest polluter, the environmental challenges that China faces in controlling its airborne emissions are crucial, not only to its own population in terms of tackling the severe domestic air pollution, but also to the planet as it faces calls from the international community to accept its responsibilities in cutting greenhouse gases. Deteriorating air quality clearly shows that China's current environmental regime is unsuited to either tackle the rampant domestic air pollution or contribute fairly to international climate action. As such, this book explores the feasibility of applying a national emissions trading system to control multiple air pollutants in China. It begins with an outline of the existing emissions management system and goes onto explore whether a national emissions trading system is a viable choice to combat China's conventional air pollutants. To this end, there is an in-depth analysis of the two pilot sulphur dioxide emissions trading programs in Taiyuan and Jiangsu, as well as an examination of emissions trading schemes in the US and EU. Finally, the book discusses the key design elements of a multi-pollutant cap-and-trade scheme that addresses both conventional air pollutants and greenhouse gasses. This book will be of great interest to students and scholars interested in the fields of environmental studies, Chinese politics and environmental law. It will also be invaluable to policy makers in the field.
Article
An integrated approach is considered important for improving water management across a range of contexts – from water catchments to urban systems to mining sites. Challenges are faced in implementation due to the complexities in both human and physical (or engineered) dimensions. From a physical perspective, water systems are complex because issues are interconnected across spatial and temporal scales making it difficult to determine where to intervene to attain desired outcomes. The supporting human systems are also complex. Whether bounded at the company, regional or catchment scale, water systems are rarely controlled by a single actor or institution. For example, catchments extend across political boundaries, while different organisational departments share responsibilities for water reticulation through industrial sites. Effective water management requires coordinating decisions between diverse actors.
Article
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The Murray–Darling Basin is Australia’s national food bowl, home to almost half of the national income from food production, as well as internationally significant wetlands, iconic red gum forests, endangered flora and fauna, and approximately 40 autonomous indigenous nations. Persistent severe drought and extreme flooding episodes have presented new challenges in the region. Chief among these challenges is the establishment of a legitimate framework to sustainably manage water resources that finds common ground between environmental, indigenous and commercial interests. A powerful approach to examine these processes is through the theory of diffusion and adaptation of policy innovations. Here, we describe an approach to place this theory on empirical ground using Q methodology. We elucidate patterns of subjectivity, to explore the perceptions of expert advice, subsidiarity and local knowledge to better understand the interests in play. We find that respect is held for local practitioners (water managers and farmers) and indigenous knowledge, but while policy innovations are being generated, the diffusion of policy is contested. We identify the potential, though limited, for common ground through substantive and respectful consultation.
Article
The European Union has been engaged in an effort to develop a marine strategy to protect the marine environment and a more encompassing integrated maritime policy that would provide a comprehensive system for the management of the uses of the marine areas of Europe. An earlier article by the author described the beginnings of this policy development; this article examines the subsequent 2008 Directive of the European Parliament and the Council, which establishes a framework for community action in the field of marine environmental policy. The Marine Strategy Framework Directive provides a plan of action with designated responsibilities and obligations and a schedule that is to be adhered to by member states and the European Commission. It represents a significant step in the European endeavor to advance ocean use management and sets the stage for future development of European marine policy.
Article
Problems resulting from contemporary patterns of ocean use and threats to the viability of the marine environment have led to reconsideration of ocean use governance in a number of states, including the United States, Australia, and Canada. For its part, the European Union has been working on the development of a Marine Strategy to safeguard the environment and a more encompassing Maritime Policy into which the Marine Strategy would be folded. The desired Maritime Policy would reflect a holistic perspective of ocean space, embody an ecosystem-based approach to ocean use management, and provide a broad framework for ocean/coastal management. As has been seen elsewhere, developing such a governance system is difficult both in terms of conceptualization and, subsequently, in operationalization. The June 2006 European Commission Green Paper on Maritime Policy sets the stage for a year of consultations designed to develop an effective governance system for ocean management. Institutional and policy changes will be needed and it will be necessary to balance the objectives of economic growth and protection of environmental sustainability. This article examines current developments in efforts to devise a coherent and integrated European Union approach to ocean management.
Article
During the last two decades the environment has become an important element in a number of areas of member state and European Union policy. A key instrument for the delivery of environmental objectives is the European Union's Structural Funds. These Funds provide support for regional development programmes, which are developed and managed by partnerships representing the European Commission, member state governments and regional stakeholders. A potential model for these environmentally driven regional programmes is provided by the concept of ecological modernization. Environmental concerns have now been absorbed into the regional programmes and it is likely that in future even greater emphasis will be placed on the environmental (and social) dimensions of regional development. Copyright © 2001 John Wiley & Sons, Ltd and ERP Environment
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Agricultural Policy has been a core element of the European Economic Community since its early beginnings (Tracy 1989, 1997). The assessment of the role for the European Union (EU) and the Member States in agricultural policy in this chapter is based on the principle of subsidiarity as defined in Ederveen et al. (2008). The Treaty of the European Community (1997) states that “the Community shall take action, in accordance with the principle of subsidiarity” only for “areas which do not fall within its [the Community’s] exclusive competence” (Art. 5, par. 2). This chapter, however, goes beyond this definition and reviews the role of the EU and the Member States in agricultural policy design and funding independently from the criterion of whether they fall under exclusive responsibility of the EU, such as large parts of agricultural policy in the EU. The basis for the assessment of the role of the EU and the Member States is the functional test for subsidiarity developed in Ederveen et al. (2008).
Article
This paper considers the field of urban energy policy, a neglected yet important topic. Cities account for approximately two-thirds of global primary energy consumption creating significant benefits and costs. As a result there has been growing interest in the contribution of cities to global energy policy issues such as climate change but a number of significant questions remain: e.g. how do energy policy processes differ between national and urban scales, and how can cities contribute most effectively to global policy goals? We present the results of interviews with key stakeholders in London to illustrate some unique features of the urban energy policy cycle. We then take a wider view, proposing a research agenda with three key goals: describing the global variety of urban energy consumption and policy; understanding the resulting diversity in responsibility, vulnerability and capacity; and developing shared procedures and solutions. Tackling these questions is vital if cities are to contribute fully to current energy policy efforts.
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This paper discusses how water managers and spatial planners could co-operate on local level in combination with the implementation of the Water Framework Directive and the Birds and Habitats Directives in the Netherlands. Recent evaluations of the European Commission show that implementation of environmental directives prove to be a challenging task for the responsible authorities. Studies show that legal and procedural aspects of planning and decision making gain the most attention at the EU level, the formal side, while environmental goals are fading into the background, especially on the EU level. The difficulties that arise in the implementation process on a local and regional level are discussed combined with the integration of both directives from policy and practice. The local co-operation between water managers and spatial planners depends heavily on its basic element: competing interests. Aspects that shape this cooperation and define its effectiveness are: language (discipline related jargon), contracts, trust, personal competence, policy tuning & policy instruments, institutional innovations, instrumental innovations and mental innovations. These aspects will be discussed based on two case studies with water management and spatial planning aspects. This local co-operation is mainly informal of character
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I examine GHG emission policy in a world with a fixed number of regions. In each region, labor and emissions are complementary in production, total world-wide emissions decrease welfare, and total factor productivity can be improved by R&D. A subset of regions can establish an "abatement coalition", authorizing a central planner to grant them non-traded or traded GHG permits. The planner is self-interested, subject to lobbying, and has no budget of its own. The results are the following. The establishment of the "abatement coalition" enhances welfare, promotes economic growth and diminishes emissions both inside and outside the coalition. With technological change due to R&D, GHG permit trade decreases welfare. Furthermore, it increases emissions and slows down economic growth, if emissions are inelastic with respect to the price for permits. Without technological change, GHG permit trade does not make any difference.
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The completion of the internal market reduces the capacity of member states to shape the collective fate of their citizens through their own policies, while the policy‐making capacity of the European Community cannot be increased sufficiently to compensate for the loss of state control at the national level. If European economic integration nevertheless depends on policy co‐ordination, there is a need for co‐ordination techniques which impose minimal constraints on the autonomous problem‐solving capacities of member states. These depend, in turn, on the willingness of member states to pursue their own policy goals in ways which impose minimal constraints on free movement within the European market.
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In institutional terms, the European Union (EU) is considerably 'thicker' than it was thirty years ago, with many new layers of decision-making procedure and myriad new actors, including almost twice as many member states. Conventional wisdom suggests that policy systems, in which policy development depends upon securing agreement among a concurrent majority of actors, are generally slow and collectively sub-optimal. However, a longitudinal analysis of the time taken to adopt environmental proposals in the period 1967-97 reveals that the policy process has become slightly faster not slower. This is despite an enormous growth in the scope and ambitiousness of the environmental acquis and a significant increase in the number of actors involved. The obvious conclusion is that actors have become steadily more effective at achieving consensus. These empirical findings are analysed against a number of predictions derived from macro- and middle-range theories of the EU.
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Implementation lies at the 'sharp end' of the European Union (EU) environmental policy process. The success of the EU's policies must ultimately be judged by the impact they have on the ground, but despite many institutional initiatives, poor implementation remains a fact of life in Europe. In this paper the author investigates why the issue of poor implementation was neglected during the first decade of EU environmental policy, outlines the responsibilities and interests of the main actors involved in putting policies into effect, and discusses possible solutions to the well-publicised 'gap' between policy goals and outcomes. Implementation deficits will be difficult to eradicate completely because they serve to maintain the delicate 'balance' between governmental and supranational elements in the EU.
Article
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At its founding in 1957, the European Union (EU) had no environmentalpolicy, no environmental bureaucracy, and no environmental laws. When,in 1973, the EU began systematically to address environmental concernsthere was little expectation that the environment would develop into oneof the largest areas of common activity. Twenty-five years on, the EUhas some of the most progressive environmental policies of any state inthe world although it is not itself a state. At the same time, the preexisting environmental policies of the member states have undergone a progressivechange through their involvement in EU environmental policymaking. Inother words, the member states have created an institutional entity toperform certain tasks which has in turn deeply affected the way they themselves perceive and act against environmental problems. This theme issue of Government and Policy offers a retrospective analysis of these developments. The purpose of this introductory essay is to describe the historical evolution of EU environmental policy and to identify themost salient themes.
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Subsidiarity, the principle which says that action should be taken at the lowest effective level of governance, is a potentially powerful concept around which a debate about the optimal assignment of tasks across different administrative levels of the European Union (EU) could be constructed. Its sudden incorporation into mainstream European discourse in the early 1990s provided an unprecedented opportunity for such a debate to take place. However, for various reasons this opportunity was spurned and subsidiarity has since metamorphosed into a technical process of legislative reform dubbed 'Better Law-Making'. By analysing recent experience in the water sector through the lens of 'new' institutional theory, the author reveals that, far from undermining the framework of EU environmental policy, instead, the reforms have led to the tightening of some existing standards, although less important issues are being devolved to national authorities. It is debatable whether the political outcomes of the reform process to date were fully expected or desired by those states that advocated greater subsidiarity in the first place. There is precious little evidence that European environmental governance has moved much 'closer' to European citizens as a result of subsidiarity.
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The original analysis appears as a basically valid - if simplified - account of the institutional conditions of "political" policy choices in the EU and their consequences. It needs to be complemented, however, by a similar account of "non-political" policy-making in the supranational-hierarchical mode of governance by the ECB or ECJ. Copyright 2006 Blackwell Publishing Ltd.
Article
Forty years after the historic signing of the Rome Treaty that gave birth to the European Economic Community in 1957, the European Community (EC) - politically speaking, now the first 'pillar' of the European Union (EU) - stands on the cusp of great changes, facing monumental challenges. This Note describes the provenance of the June 1997 European Council meeting held in Amsterdam to revise the founding Treaties of the EU, outlines the 'history making' changes that were agreed there by political leaders and considers the future prospects for EC environmental policy. Ideally, it should be read alongside Stephen Ward's recent review of EC environmental affairs in the pages of this journal [Ward, 1997] and a summary of the amendments agreed at Maastricht in 1991 [e.g., Wilkinson, 1992]. It concludes by identifying a number of promising avenues of research at the interface between comparative politics/public policy and international relations. Traditionally, these two sub-disciplines have tended to approach the EU from quite different analytical standpoints and theoretical bases. Until recently, efforts to promote greater cross-fertilisation were notably few and far between.
Article
Observers of the European Community have criticized “intergovernmentalist” accounts for exaggerating the extent of member-state control over European integration. This article grounds these criticisms in a historical institutionalist analysis, stressing the need to study European integration as a process that unfolds over time. Losses of control result not only from the autonomous actions of supranational organizations, but from member-state preoccupation with short-term concerns, the ubiquity of unintended consequences, and the instability of member-state policy preferences. Once gaps in control emerge, change-resistant decision rules and sunk costs associated with societal adaptations make it difficult for member states to reassert their authority. Brief examination of the evolution of EC social policy suggests the limitations of treating the EC as an instrument facilitating collective action among sovereign states. Rather, integration should be viewed as a path-dependent process producing a fragmented but discernible multitiered European polity.
Article
Part I of this Article traces the emergence of the principle of subsidiarity in the Community legal order, with some special reference to the environment. Part II analyzes the three paragraphs of Article 3b, again with particular emphasis on the environment. This Article concludes that “subsidiarity” will not stand in the way of the further development of Community environmental policy along the lines that it has been following so far.
Article
This article explores the connection between the subsidiarity principle and national sovereignty in the context of EU environmental policy. In addition to providing an historical account of this connection, the article suggests that subsidiarity represents a Janus-faced concept capable of either supporting or undermining the legitimacy of EU environmental policy. By developing explicit criteria by which to apply subsidiarity, a number of areas are identified in which existing EU authority could be replaced by exclusively national action or laws which granted states significantly more discretion over environmental decision making. Examples are then presented where this shift of power back to the member states has already been proposed and in some cases already occurred, recasting the balance between national sovereignty and supranational environmental constraints. Throughout the analysis, particular attention is paid to the efforts of Britain, a primary antagonist in the debate, to preserve its sovereignty over environmental policy.
Article
There are four paradoxes to be explained inrespect of European Union (EU) environmental policy: howit is that a liberal policy regime makes relatively little use of economicinstruments; how it is that the formally independent Commission is heavilydependent upon member states in the development of its policy proposals;how it is that a 'weak' European Parliament has had greater influenceon environmental standard setting than have most national parliaments;and how it is that a supranational political authority regulates subnationalenvironmental public goods so extensively. The author argues that thesefour features of EU environmental policy are related to one another asthe effects of a common cause: the historical importance of the Monnetmethod of European integration. How far this method should be transcendedis also discussed.
Article
By any measure, European Community (EC) water policy has been very poorly implemented by the Member States, and lacks self-consistency in some key respects and a sound scientific foundation. The conventional wisdom is that policies decided collectively tend towards the lowest common denominator of state preferences. But recent experience in the water sector suggests that directives decided by unanimity are nonetheless extremely difficult to reform once they become embedded in national political systems, even when they create enormous political problems for Member States and are outdated scientifically. Taking as an example the United Kingdom (UK) government’s handling of the directives on bathing and drinking water, this article shows how institutions have gradually hemmed in decision-makers, locking states into a policy trajectory that most now regard as sub-optimal in key respects.
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