Improving legal certainty and adaptability in the programmatic approach

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.