/ Publications / Refining reflexive environmental law by nature and nurture : autonomy, accountability, and adjustability
Energy Union Law | Article
Refining reflexive environmental law by nature and nurture : autonomy, accountability, and adjustability
18 December 2024
Authors: ROSS, Violet; DE ALMEIDA, Lucila
Reflexive environmental law (REL) enables an understanding of how law builds potential for private company reflexivity. Reflexivity helps to avoid lock-in, and enhances learning and self-organization to resolve complex sustainability challenges. Thus far, REL theory has excluded traditional command-and-control regulation as a form of REL. This limits the potential of REL to understand how legislation can drive reflexivity and create more effective governance. Our framework expands the definition of REL and sets out six types of regulatory instrument found in legislation that may, or may not, constitute forms of REL. The framework comprises three reflexive drivers – autonomy, accountability, and adjustability – and, under these, eleven REL techniques. Through examples taken from European environmental legislation, we explain the drivers’ relationship with different regulatory instruments. This taxonomy empowers regulators and scholars to understand both the reflexive potential of regulatory instruments and the possibility to make instruments more reflexive in specific contexts.
The governance of the EU energy sector has gradually evolved over time to reflect and support the closer integration of the Internal Electricity Market. As the EU energy sector faces [...]
In December 2024, in her mission letter to Commissioner Apostolos Tzitzikostas, President von der Leyen encouraged drafting a plan for an ambitious European High-Speed Rail Network to help connect EU [...]
In this article, we contribute to the legal scholarship on the interaction between EU data governance and electricity legislation, analysing the impact the Data Act could have on the sharing [...]
Join our community
To meet, discuss and learn in the channel that suits you best.
We use cookies to help personalise content and provide a better experience. By clicking Accept all, you agree to this, as outlined in our Cookie Policy. To change preferences or withdraw consent, please update your Cookie Preferences.