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Good Ecological Potential - A Credible Objective for Water Management?
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2016 (English)In: Journal for European Environmental & Planning Law, ISSN 1613-7272, E-ISSN 1876-0104, Vol. 13, no 2, 167-189 p.Article in journal (Refereed) PublishedText
Abstract [en]

It is notable that of the environmental objectives of the Water Framework Directive (WFD), good ecological potential has been given less attention. The Weser case has made it possible to establish a more detailed understanding of 'ecological potential'. An analysis indicates that the main approach to implementing 'ecological potential', the non-WFD mitigation-measure approach, creates discontinuity among the environmental objectives, which the WFD reference method does not. Even if the mitigation-measure approach accommodates enhancements, bodies of water are still not classified in accordance with the WFD. If a body of water is incorrectly classified, both good ecological potential and the non-deterioration prohibition should not be binding, as the 'ecological status' has not been determined. Furthermore, two different and uncoordinated forms of 'ecological potential' establish diverging quality standards, and risk legal uncertainty and inconstancy among Member States.

Place, publisher, year, edition, pages
2016. Vol. 13, no 2, 167-189 p.
Keyword [en]
WFD, Good Ecological Potential, Common Implementation Strategy, EU Court of Justice, Weser-case
National Category
Law and Society
Identifiers
URN: urn:nbn:se:uu:diva-300597DOI: 10.1163/18760104-01302004ISI: 000379364000003OAI: oai:DiVA.org:uu-300597DiVA: diva2:951718
Available from: 2016-08-10 Created: 2016-08-10 Last updated: 2016-08-10Bibliographically approved

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Josefsson, Henrik
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