New Governance and the EU Courts : The Experimentalist Architecture of Judicial Decision-Making

The dissertation examines the role of the EU courts in new governance. New governance has raised unprecedented interest in the EU in recent years. This is manifested in a plethora of instruments and actors at various levels that challenge more traditional forms of command-and-control regulation. New governance and political experimentation more generally is thought to sap the ability of the EU judiciary to monitor and review these experiments. The exclusion of the courts is then seen to add to the legitimacy problem of new governance. The starting point of this dissertation is the observation that the marginalised role of the courts is based on theoretical and empirical assumptions which invite scrutiny. The theoretical framework of the dissertation is deliberative democracy and democratic experimentalism. The analysis of deliberative democracy is sustained by an attempt to apply theoretical concepts to three distinctive examples of governance in the EU. These are the EU Sustainable Development Strategy, the European Chemicals Agency, and the Common Implementation Strategy for the Water Framework Directive. The case studies show numerous disincentives and barriers to judicial review. Among these are questions of the role of courts in shaping governance frameworks, the reviewability of science-based measures, the standing of individuals before the courts, and the justiciability of soft law. The dissertation analyses the conditions of judicial review in each governance environment and proposes improvements. From a more theoretical standpoint it could be said that each case study presents a governance regime which builds on legislation that lays out major (guide)lines but leaves details to be filled out at a later stage. Specification of detailed standards takes place through collaborative networks comprising members from national administrations, NGOs, and the Commission. Viewed this way, deliberative problem-solving is needed to bring people together to clarify, elaborate, and revise largely abstract and general norms in order to resolve concrete and specific problems and to make law applicable and enforceable. The dissertation draws attention to the potential of peer review included there and its profound consequences for judicial accountability structures. It is argued that without this kind of ongoing and dynamic peer review of accountability in governance frameworks, judicial review of new governance is difficult and in some cases impossible. This claim has implications for how we understand the concept of soft law, the role of the courts, participation rights, and the legitimacy of governance measures more generally. The experimentalist architecture of judicial decision-making relies upon a wide variety of actors to provide conditions for legitimate and efficient review.

Metalak eta metaloideak itsasadarretan: kutsadura jarraitzeko erreminta analitikoen

265 p.

Monitoring and classification of lakes in Finland

In Finland, as in other member countries of the European Union, preparations for implementing the EC Water Framework Directive (WFD) have begun. The article describes the current monitoring and classification strategies for Finnish Lakes.

An approach to the use of macrophytes for monitoring standing waters

Under the EC Water Framework Directive (WFD), each Member State is required to devise a comprehensive national monitoring programme for surface waters, incorporating hydromorphological, physico-chemical and biological elements. This paper describes one aspect of the biota - the macrophyte flora - to classify standing waters and to monitor their water quality. The evolution of this method is described and suggestions for its future development are made.

The role of ecotoxicology for monitoring ecosystem health

The proposed EC Water Framework Directive (WFD)incorporates some new concepts in the field of water protection. Most of these concepts rely on the use of applied ecology of water systems. The expected improvement of environmental management is very new in this context. The new WFD will allow the checking of the eco-epidemiological results of several human impacts on aquatic ecosystems, such as toxic pollution and habitat modification. This paper intends to show some consequences of the WFD in the field of ecotoxicology.

A preliminary classification of lake types in Northern Ireland

The EC Water Framework Directive (WFD) introduces the concept of the ecological status of surface waters. The WFD requires that water bodies within an ecoregion are divided into waterbody "types" or "ecotypes". The waterbody type is determined by physico-chemical descriptors. A group of representatives from two government environmental agencies (Environment and Heritage Service and the Industrial Research and Technology Unit) and the two universities (Queen's University Belfast and the University of Ulster) in Northern Ireland, has been established to develop methods for measuring the ecological status of lakes, for the purposes of the WFD. The work here is that contributing to the first objective classification into waterbody types.

New challenges in lake and river monitoring

Freshwater ecosystems are highly dynamic and change on time-scales that range from a few hours to several months. The development of models that simulate these processes is often hampered by the lack of sufficient data to parameterize the processes and validate the models. In this article, I review some of the challenges posed by this lack of information and suggest ways in which they can be met by using automatic monitoring systems. One of these studies is the project tempQsim (EVK1-CT2002-00112) funded by the European Commission. In this project, detailed field and model analyses have been performed at eight catchment study sites in south and south-east Europe. A number of perceptual models for the study sites have been established, and results are being used to improve selected catchment models and provide a more adequate description of pollution dynamics. Results from the extensive field studies and model tests are now being used to derive recommendations for more tailored monitoring concepts in highly dynamic, but ‘data scarce’ environments, such as are frequently found in Mediterranean river basins. The author includes implications of the EU Water Framework Directive on monitoring methods.

Falling through the cracks: are European directives and international conventions the panacea for freshwater nature conservation?

There are many ways of practising freshwater nature conservation: from strict legislative protection of individual species considered rare or threatened to protecting whole lakes or long stretches of rivers; from practical conservation management at a local scale to integrated catchment management at the river basin scale; and from the encouragement of better habitat management through codes of good practice to statutory control of pollution or abstraction. Whatever the mechanism, an essential pre-requisite is a way of choosing where to put the effort, especially when resources for nature conservation are severely limited. The aim of this article is to review the contribution from four specific international measures to the task of assigning priorities for conservation. The 1990s saw the introduction of two European directives (the Habitats Directive (HD) and the Water Framework Directive (WFD)) and one international convention (the Biodiversity Convention (CBD)) each with the potential for influencing, to a greater or lesser extent, the conservation of freshwater habitats and species. This article also discusses a much older convention – the Ramsar Convention – adopted in 1971 specifically to help tackle the conservation and management of wetlands and aquatic ecosystems. Although the authors have focused mainly on the UK, the subject is relevant to other parts of Europe and beyond. The article explores the degree to which these measures help in identifying the most important fresh waters for conservation, and asks whether or not they present the right conservation message to a wide audience.

Ecological change in Lough Erne: influence of catchment changes and species invasions

Lough Erne in Northern Ireland has been the subject of much research over the last 30 years by, amongst others, the Department of Agriculture and Rural Development (DARD). In this article, the authors provide a summary of a workshop held on the 16–17th October 2003 in Enniskillen, on the shores of Lough Erne, which gave an opportunity to step back and take a holistic look at the Erne lakes. Ecological change has been driven by many factors, including land use changes and species invasions. The workshop consisted of five sessions which are summarised in this article: Session 1 – Invasive species, nutrients, phytoplankton and macrophytes; Session 2 – Zooplankton, benthic macroinvertebrates and fish; Session 3 – An ecosystem approach – relating the previous sessions; Session 4 – How does Lough Erne fit into lake classifications? Implications of the Water Framework Directive; Session 5 – Using new techniques to examine food webs and species invasions. Identifying a future research programme for Lough Erne.

The kingdom of the shore: achievement of good ecological potential in reservoirs

The European Water Framework Directive requires member states to restore aquatic habitats to good ecological status (quality) by 2015. Good ecological status is defined as slightly different from high status, which, according to the Directive, means negligible human influence. This poses problems enough for restoration of natural habitats but artificial reservoirs are not excluded from the Directive. They must be restored to good ecological potential. The meaning of good ecological status is linked to that of 'high' ecological status, the pristine reference condition for aquatic habitats under the Directive. From the point of view of an ecologist, this is taken to mean the presence of four fundamental characteristics: nutrient parsimony, characteristic biological and physical structure, connectivity within a wider system and adequate size to give resilience of the biological communities to environmental change. These characteristics are strongly interrelated. Ecological potential must bear some relationship to ecological status but since the reference state for ecological quality is near absence of human impact, it is difficult to see how the criteria for ecological status can be applied to a completely man-made entity where the purpose of the dam is deliberately to interfere with the natural characteristics of a river or former natural lake. Rservoirs are disabled lakes, ususally lakcing the diversity and function provided by a littoral zone. Nonetheless, pragmatic approaches to increasing the biodiversity of reservours are reviewed and conclusions drawn as to the likely effectivemess of the legislation.

The role of specially designated wildlife sites in freshwater conservation - an English perspective

The value of specially designated sites in conserving biodiversity has been a hotly debated issue for many years. The debate has recently been given fresh impetus by the creation of Natural England, the new Government Agency responsible for the protection and enhancement of the natural environment in England, and the challenges facing the management of designated sites resulting from the increasingly tangible effects of climate change. In the freshwater environment, the role of designated sites is very much under the spotlight because of the implementation of the European 'Water Framework' Directive, which aspires to holistic, ecologically-based management of aquatic habitats.This paper explores the underlying premises of, and rationale for, special site designations for wildlife, and provides a frank account of the inevitable clash of management philosophies that designated sites create in the freshwater environment, drawing on experiences of managing designated freshwater sites in England over the past decade. A positive role is outlined for designated sites in freshwater conservation, which addresses these management conflicts in a way that not only meets Government obligations towards these sites but also paves the way for enlightened, progressive management of the wider freshwater resource. As part of this account, attempts are made to clarify the relationship between key biodiversity-related policy drivers in the freshwater environment, and to explain how the spectre of climate change can be addressed within designated site management. The importance of strategic freshwater science, collaboratively designed and funded, in maximising the value of the designated freshwater site network to the wider freshwater habitat resource, is stressed.

Hidrokarburo polizikliko aromatikoen analisia itsas-portuetako uretan determinatzeko errutinazko metodo analitikoaren garapena

Azken hamarkadetan, kutsatzaile organikoak ingurumenean eta izaki bizidunengan sortzen dituzten efektu negatiboak direla eta, hauen determinazioa egiteko interesa piztu da. Batez ere, hazkunde industrialak eta gizakiak eragiten dituzten aktibitate antropogenikoak sortutako hondakinak uraren egoera kaltetuta izateak eragiten dute. Izaki bizidunen ongizatea bermatzen duen eta uraren kalitate egokia kontrolatzeko Europear mailan ezarri den lege garrantzitsuenetakoa Europako Ur Esparru Zuzentarauari (Water Framework Directive, WFD 2000/60/CE) dagokio. Bertan, gaur egun kezka gehien sortzen duten konposatu organiko emergenteek uretan izan behar dituzten parametro kimikoak, biologikoak eta ekologikoak zerrendatuta agertzen dira eta konposatuek uretan izan behar dituzten kontzentrazio maximoak agertzen dira, ingurumenaren babesa eta izaki bizidunen osasuna bermatzeko.

The Environment Agency/DEFRA Evidence and Measures Project: Practical Solutions - Moston Brook

This is the final presentation from the Moston Brook Evidence and Measures project which ran from September 2012 to March 2013. Moston Brook water body is part of the River Irwell Pilot Catchment and the objective of the project was to devise reliable measures (actions) which were based on existing evidence and that could be implemented in years 2 and 3 by the Environment Agency and its partner to help meet Water Framework Directive (WDF) requirements and community aspirations. The presentation summarises the main suspected causes of WDF failure, the evidence for this, the main causes for failure in the sub-catchments resulting from the evidence found, and identifies measures to carry out, which will address the WDF failures and improve the quality of the water. This presentation can be used to inform others on how to improve the water quality of Moston Brook, and also to support other similar initiatives.

An Autonomous Sailing Robot for Ocean Observation

Sauze, C. and Neal, M. 'An Autonomous Sailing Robot for Ocean Observation', in proceedings of TAROS 2006, Guildford, UK, Sept 4-6th 2006, pages 190-197.

Environmental and biological characteristics of lagoons on the southwest coast of Ireland

Coastal lagoons are defined as shallow coastal water bodies partially separated from the adjacent sea by a restrictive barrier. Coastal lagoons are protected under Annex I of the European Habitats Directive (92/43/EEC). Lagoons are also considered to be “transitional water bodies” and are therefore included in the “register of protected areas” under the Water Framework Directive (2000/60/EC). Consequently, EU member states are required to establish monitoring plans and to regularly report on lagoon condition and conservation status. Irish lagoons are considered relatively rare and unusual because of their North Atlantic, macrotidal location on high energy coastlines and have received little attention. This work aimed to assess the physicochemical and ecological status of three lagoons, Cuskinny, Farranamanagh and Toormore, on the southwest coast of Ireland. Baseline salinity, nutrient and biological conditions were determined in order to provide reference conditions to detect perturbations, and to inform future maintenance of ecosystem health. Accumulation of organic matter is an increasing pressure in coastal lagoon habitats worldwide, often compounding existing eutrophication problems. This research also aimed to investigate the in situ decomposition process in a lagoon habitat together with exploring the associated invertebrate assemblages. Re-classification of the lagoons, under the guidelines of the Venice system for the classifications of marine waters according to salinity, was completed by taking spatial and temporal changes in salinity regimes into consideration. Based on the results of this study, Cuskinny, Farranamanagh and Toormore lagoons are now classified as mesohaline (5 ppt – 18 ppt), oligohaline (0.5 ppt – 5 ppt) and polyhaline (18 ppt – 30 ppt), respectively. Varying vertical, longitudinal and transverse salinity patterns were observed in the three lagoons. Strong correlations between salinity and cumulative rainfall highlighted the important role of precipitation in controlling the lagoon environment. Maximum effect of precipitation on the salinity of the lagoon was observed between four and fourteen days later depending on catchment area geology, indicating the uniqueness of each lagoon system. Seasonal nutrient patterns were evident in the lagoons. Nutrient concentrations were found to be reflective of the catchment area and the magnitude of the freshwater inflow. Assessment based on the Redfield molar ratio indicated a trend towards phosphorus, rather than nitrogen, limitation in Irish lagoons. Investigation of the decomposition process in Cuskinny Lagoon revealed that greatest biomass loss occurred in the winter season. Lowest biomass loss occurred in spring, possibly due to the high density of invertebrates feeding on the thick microbial layer rather than the decomposing litter. It has been reported that the decomposition of plant biomass is highest in the preferential distribution area of the plant species; however, no similar trend was observed in this study with the most active zones of decomposition varying spatially throughout the seasons. Macroinvertebrate analysis revealed low species diversity but high abundance, indicating the dominance of a small number of species. Invertebrate assemblages within the lagoon varied significantly from communities in the adjacent freshwater or marine environments. Although carried out in coastal lagoons on the southwest coast of Ireland, it is envisaged that the overall findings of this study have relevance throughout the entire island of Ireland and possibly to many North Atlantic coastal lagoon ecosystems elsewhere.