Energy Union Law | Article
Reflexive EU environmental law : exploring divergence in the French and German transposition of the Single-use Plastics Directive
18 December 2024
BY: ROSS Violet, Lucila de Almeida, VAN LEEUWEN Judith, VAN ZEBEN Josephine
Review of European, comparative & international environmental law, 2024, Vol. 33, No. 3, pp. 577-591
Reflexive environmental law (REL) techniques create potential for reflexivity by regulated companies. This reflexivity is fundamental to overcoming various regulatory hurdles posed by complex and dynamic sustainability challenges, such as plastics circularity. However, even when European Union (EU) environmental legislation incorporates REL techniques, Member State transposition may either undermine or enhance these techniques' potential for driving regulatee reflexivity. This article examines REL's evolution within complex, transnational legislative frameworks, taking the EU's Single-use Plastics Directive (SUPD) as a case study. It compares reflexivity techniques in the SUPD to those in transpositions by France and Germany. Our analysis is based on the coding of 11 REL techniques and three overarching reflexive drivers—autonomy, accountability and adjustability—within four SUPD instruments. Identifying divergence in REL between the SUPD and Member State transpositions allows us to highlight three explanations as to why REL evolves in certain ways through the transposition process.
logo cadmus Read it on Cadmus Download in open access

LATEST FSR PUBLICATIONS

Technical Report
The European Union is strongly urbanised, with 432 urban nodes identified. This vast array of urban hubs has a significant economic and geographical value. Urban nodes are critical to the [...]
Article
Reducing carbon emission in the wastewater treatment sector requires both lower energy consumption and a transition towards renewable energy sources. Utilizing the embedded energy in wastewater, which has been traditionally [...]
Technical Report
In this report, we focus on the fundamentals of energy and climate policy as reformulated in the EU Green Deal. The 2024 edition of this report includes updates following the [...]
Contribution to book
The European Commission’s Communication directed to consumers regarding the Green Transition does not emphasise their shared responsibility. Instead, the Commission puts the emphasis on empowering consumers to make green choices. [...]
Article
This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between [...]
Article
This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between [...]

Join our community

To meet, discuss and learn in the channel that suits you best.

scroll

top