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Participation in English and Dutch surface water quality policy

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Presentation on theme: "Participation in English and Dutch surface water quality policy"— Presentation transcript:

1 Participation in English and Dutch surface water quality policy
Faculty of Law, Economy and Governance Department of Law Participation in English and Dutch surface water quality policy Ernst Plambeck PhD candidate 16 January, 2019 Utrecht Centre for Water, Oceans and Sustainability Law | Ius Commune Masterclass Amsterdam

2 Outline Introduction Assessment Framework Arnsteins ladder
Department of Law Outline Introduction Assessment Framework Arnsteins ladder Characterisation Policy Cycle Case studies PP in The Netherlands PP in England Comparison Conclusion 16 January, 2019 Utrecht Centre for Water, Oceans and Sustainability Law | EELF Conference 2016 ‘Procedural Environmental Rights: Principle X in Theory and Practice’

3 Introduction From ‘government’ to ‘governance’ approach
Department of Law Introduction From ‘government’ to ‘governance’ approach Identified in policy sciences, public administration and legal sciences Underlying mechanisms (participatory paradigm): stakeholders want to participate in and enforce regulatory processes; both leads to a legitimate and effective regulatory process from rule making to the results achieved; in the end participation and enforcement by stakeholders results into goal realisation. 16 January, 2019 Utrecht Centre for Water, Oceans and Sustainability Law | EELF Conference 2016 ‘Procedural Environmental Rights: Principle X in Theory and Practice’

4 Assessment Framework Strength Theoretical Evaluation criteria
Department of Law Assessment Framework Evaluation criteria (Input) Legitimacy Effectiveness = output legitimacy Strength Depth Width Participation Theoretical Norm or standard setting Enforcement mechanisms Compliance Depth = the degree to which stakeholders have the opportunity to influence the outcome of the policy process. Arnsteins ladder Width = the degree to which each member of a community has the opportunity to participate in each phase of the policy process. 16 January, 2019 Utrecht Centre for Water, Oceans and Sustainability Law | EELF Conference 2016 ‘Procedural Environmental Rights: Principle X in Theory and Practice’

5 Arnsteins ladder 16-1-2019 16 January, 2019
Utrecht Centre for Water, Oceans and Sustainability Law | Ius Commune Masterclass Amsterdam

6 Characterisation Characteristics Dangerous Substances Directive
Department of Law Characterisation Characteristics Dangerous Substances Directive Nitrates Directive Water Framework Directive Bottom-up regulation -- +/- + Open standards Principle-based regulation ++ Procedural rules Much room for MS to deviate/adapt Participation is a prerequisite Arrangements E.J.H. Plambeck, ‘Paradoxes of the EU regulatory framework in water management: developing and assessment framework to put the governance approach to the test’, Water Law 2015 (x), pp. 16 January, 2019 Utrecht Centre for Water, Oceans and Sustainability Law | EELF Conference 2016 ‘Procedural Environmental Rights: Principle X in Theory and Practice’

7 Policy Cycle Programmes Policy Framing
Department of Law Policy Cycle Programmes Policy Framing Legal Instruments Policy Implementation Monitoring & Enforcement Monitoring & Evaluation Goal setting Problem Framing 16 January, 2019 Utrecht Centre for Water, Oceans and Sustainability Law | EELF Conference 2016 ‘Procedural Environmental Rights: Principle X in Theory and Practice’

8 Case Studies: Participation for 3rd parties in NL
Department of Law Case Studies: Participation for 3rd parties in NL Mercury Nitrate Zinc Goal setting Concrete norm, same as EU, applies only to designated water bodies; in Order in Council Internetconsultation (not obliged) Concrete norm only applies to drinking water; in Order in Council Indirect norm via monitoring parameter No Programmes Waterplan (RBMP) UPP (SEA), everyone NAP (no legal basis) SEA Legal Instruments Discharge consent for 10 years with emission limits in ministerial regulation UPP, everyone General rules; Exemption Adm. review Discharge consent Monitoring & Enforcement Adm. Restoration Measures Only request by interested party Adm. Fine 16 January, 2019 Utrecht Centre for Water, Oceans and Sustainability Law | EELF Conference 2016 ‘Procedural Environmental Rights: Principle X in Theory and Practice’

9 Case Studies: Participation for 3rd parties in England
Department of Law Case Studies: Participation for 3rd parties in England Mercury Nitrate Zinc Goal setting Concrete norm, lower than EU; in Regulations Consultation Designation NVZs in Regulations EQS in RBMP UKTAG; consultation Programmes RBMP Consultation (SEA); liaison panels NAP Legal Instruments Env. Permit for discharges and ind. activities General rules Env. Permit and standard rules Both consultation Monitoring & Enforcement Offences and enforcement notices No 16 January, 2019 Utrecht Centre for Water, Oceans and Sustainability Law | EELF Conference 2016 ‘Procedural Environmental Rights: Principle X in Theory and Practice’

10 Department of Law Comparison Mercury Nitrate Zinc NL England Goal setting If, then consultation Consultation Therapy/manipulation Programmes Placation Partnership Legal Instruments Monitoring & Enforcement Informing What we see is that in England the government is more willing involve participation in decision-making process. The Netherlands we’re very reluctant. With regard to the depth of participation, England even scores higher with more possibilities to influence and shape the outcome of fhe final decision in the whole policy cycle. More important, in England there are more possibilities to participate in the different stages of the phases within the policy cycle. So, in the end we can conclude that surface water quality policy in England is more legitimate than in the Netherlands, but is it also effective? That’s the question. We see there are no or less possibilities for stakeholders to initiate an enforcement procedure in England. So, the follow up of my research is to go into depth with regard to the possibilities for stakeholders to pursue compliance, thus the effectiveness part. 16 January, 2019 Utrecht Centre for Water, Oceans and Sustainability Law | EELF Conference 2016 ‘Procedural Environmental Rights: Principle X in Theory and Practice’

11 Conclusion Follow up Compliance: effectiveness
Department of Law Conclusion Follow up Compliance: effectiveness Overall conclusion on approaches 16 January, 2019 Utrecht Centre for Water, Oceans and Sustainability Law | EELF Conference 2016 ‘Procedural Environmental Rights: Principle X in Theory and Practice’

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