4.2 Article

European River Basin Districts: Are They Swimming in the Same Implementation Pool?

Journal

JOURNAL OF ENVIRONMENTAL LAW
Volume 22, Issue 2, Pages 197-221

Publisher

OXFORD UNIV PRESS
DOI: 10.1093/jel/eqq003

Keywords

Water Framework Directive; implementation; comparative study; environmental objectives; discretion

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This article presents a comparative perspective of the implementation of the Water Framework Directive (WFD). The investigated Member States are the Netherlands, Luxembourg, Belgium, France, Germany, the United Kingdom, Denmark, Romania, Italy, Spain and Portugal. The implementation of the WFD in these Member States was researched with the help of legal experts who completed questionnaires or were interviewed and-limited to five Member States-through interviews with civil servants who were involved with the implemention of the WFD. This research demonstrates that the WFD leaves so much room for discretion that the Member States adopt different approaches concerning the implementation of fundamental parts of the Directive. Although the need for flexibility due to the differences in circumstances is recognised, the new governance approach of the WFD demonstrates a risk that unambitious national practices will leadto a lack of practical effectiveness. Especially in transboundary river basins this may harm more ambitious Member States.

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