Dialogues with experts on the EU legislation for environmental inspections
This research project was initiated in the context of EU Commission's plan for a horizontal legal act that will englobe new rules to supervise and control the observance of environmental legislation in order to improve the application of EU environmental law. This proposal will entail the harmonization of procedural rules for the application of different areas of domestic environmental law. The first proposals in this regard were already formulated by the EU Commission in December 2014. If these proposals and recommendations are put into effect, they will result in important changes in the application process of the German environmental authorities. The project aims to define, in the frame of expert dialogues with representatives of the concerned authorities, the possible effects of the Commission's plans on application practices and to describe which changes are to be welcomed, and which must be avoided, in order to enhance or at least to maintain the existing levels of protection.
This project focuses on fundamental legal and administrative study of the present discussion on compliance and compliance-support (assistance) on the EU level. The main components of the dialogue is, first, the discussion of the new EU rules by qualified experts charged with the application of EU environmental legislation. Herein, the experts must evaluate the effects of the legal proposals within their sphere pf competence. Subsequently the scientific project staff will analyze the evaluations raised during the discussions.
The results of the expert dialogues and analysis are to be employed to advise the Federal Ministry of Environment, Nature Protection, Construction and Reactor Safety on the national and European compliance discussion in the field of environmental law and recommendations. Moreover, they can contribute to the development of argumentative support for the implementation of EU legislation. Hereby, they can promote the acceptance of the adaptation requirements, and the leeway allowed, for procedural rules by the relevant government and private organizations and whose activities fall within given environmental fields. In addition the results will describe the effects of the new measures on the efficiency, effectiveness and guarantee of a uniform minimal standard in the application. Finally, the project's conclusion will suggest optimization possibilities beyond those mentioned in the recommendations and the regulatory proposals to make them more "Europe-qualified". This goal will also be ensured through involving of ministerial experts from the states and federation (who are responsible for the initial and further education of German executives). These persons will be identified by the German Research Institute for Public Administration and will constitute a "project advisory board". to make them more "Europe-qualified". This goal will also be ensured through involving of ministerial experts from the states and federation (who are responsible for the initial and further education of German executives). These persons will be identified by the German Research Institute for Public Administration and will constitute a "project advisory board".
Prof. Dr. Dr. h.c. Jan Ziekow
Dr. Christian Bauer