Regulatory Federalism: EU Environmental Regulation in Comparative Perspective

Kelemen, R. Daniel

doi:10.1017/s0143814x00000799

Cited by 42 publications

(24 citation statements)

References 55 publications

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“…Whilst the EU's regulatory agenda dominates the regulatory agendas of the member states in many areas such as environmental or social policy (Kelemen 2000), the role of the European nation state has not weakened and continues to be central in the regulation and administration of economic and social activities in the EU. Whilst the EU's regulatory agenda dominates the regulatory agendas of the member states in many areas such as environmental or social policy (Kelemen 2000), the role of the European nation state has not weakened and continues to be central in the regulation and administration of economic and social activities in the EU.…”

Section: Discussionmentioning

confidence: 99%

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

Quesada¹

2013

J. Pub. Pol.

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Failures of compliance with European Union (EU) directives have revealed the EU as a political system capable of enacting laws in a wide range of different policy areas, but facing difficulties to ensure their actual implementation. Although the EU relies on national enforcement agencies to ensure compliance with the EU legislation, there is scarce analysis of the differential deterrent effect of national enforcement in EU law compliance. This article examines the enforcement of an EU water directive, the Urban Waste Water Treatment Directive, in Spain and the UK. It focuses on the existing national sanctions for disciplining actors in charge of complying with EU requirements, and on the actual use of punitive sanctions. The analysis shows that a more comprehensive and active disciplinary regime at the national level contributes to explain a higher degree of compliance with EU law. The article calls for a detailed examination of the national administrative and criminal sanction system for a more comprehensive understanding of the incentives and disincentives to comply with EU law at the national state level.

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Section: Discussionmentioning

confidence: 99%

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

Quesada¹

2013

J. Pub. Pol.

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“…Several international regulatory comparisons have been made between the U.S., Europe, Canada, Sweden, and Indonesia; with "command and control" frameworks being historically much stronger in the U.S. [22][23][24][25][26]. Cole and Grossman [27] document the early U.S. regulatory philosophy of command and control.…”

Section: Methodsmentioning

confidence: 99%

A Point Source of a Different Color: Identifying a Gap in United States Regulatory Policy for “Green” CSO Treatment Using Constructed Wetlands

Levy

Smardon

Bays³

et al. 2014

Sustainability

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Up to 850 billion gallons of untreated combined sewer overflow (CSO) is discharged into waters of the United States each year. Recent changes in CSO management policy support green infrastructure (GI) technologies as "front of the pipe" approaches to discharge mitigation by detention/reduction of urban stormwater runoff. Constructed wetlands for CSO treatment have been considered among suites of GI solutions. However, these wetlands differ fundamentally from other GI technologies in that they are "end of the pipe" treatment systems that discharge from a point source, and are therefore regulated in the U.S. under the National Pollution Discharge Elimination System (NPDES). We use a comparative regulatory analysis to examine the U.S. policy framework for CSO treatment wetlands. We find in all cases that permitting authorities have used best professional judgment to determine effluent limits and compliance monitoring requirements, referencing technology and water quality-based standards originally developed for traditional "grey" treatment systems. A qualitative comparison with Europe shows less stringent regulatory requirements, perhaps due to institutionalized design parameters. We recommend that permitting authorities develop technical guidance documents for OPEN ACCESS Sustainability 2014, 6 2393 evaluation of "green" CSO treatment systems that account for their unique operational concerns and benefits with respect to sustainable development.

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“…These deficiencies are also characteristic of other federal theories. The regulatory federalism of Kelemen (, p. 133) argues that ‘the institutional structures of federal‐type polities shape the development of regulatory policy’. More specifically, he argues that the division of powers between federal and state levels creates a ‘politics of competence’ which develops due to institutional self‐interest as actors seek to maximize their political popularity and hence authority.…”

Section: Theoretical Interpretation: Rational Federal Theoriesmentioning

confidence: 99%

Explaining Task Allocation in the EU: ‘Retooling’ Federalism for Comparative Analysis

Benson

Jordan

2014

J of Common Market Studies

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Federal theories are once again enjoying renewed interest within European Union studies, where they potentially have multiple uses, including shedding more light on the enduringly puzzling issue of task allocation. Yet their overtly rationalist nature means that they may underestimate the contingent and socially constructed nature of integration principles and norms. One recent theory that tries to adopt a more socially nuanced explanation of task allocation is cryptofederalism. This article further develops its central arguments by adding insights drawn from social constructivism, then applying them to the animal welfare sector – a deeply controversial policy area where task allocation has always proven difficult to explain. It reveals that, once ‘retooled’, cryptofederalism adds a new but incomplete dimension to federal accounts of task allocation. Several scenarios of the potential future relationship between federalism and constructivism are then explored with respect to the changing ‘mosaic’ of European integration theory.

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Regulatory Federalism: EU Environmental Regulation in Comparative Perspective

Cited by 42 publications

References 55 publications

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

A Point Source of a Different Color: Identifying a Gap in United States Regulatory Policy for “Green” CSO Treatment Using Constructed Wetlands

Explaining Task Allocation in the EU: ‘Retooling’ Federalism for Comparative Analysis

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