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Journal of Environmental Law Advance Access published online on July 2, 2009
Journal of Environmental Law, doi:10.1093/jel/eqp019
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© The Author [2009]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

Aspirations and Realities under the Water Framework Directive: Proceduralisation, Participation and Practicalities

William Howarth*

*University of Kent. (w.howarth{at}kent.ac.uk). An earlier version of this paper was presented at a workshop on Ocean and River Basin Governance, funded by the ACHR and held at the University of Dundee on 2 May 2008. The author is grateful to the organisers of, and participants in, the Workshop for many helpful observations. Further gratitude is due to Martin Hedemann-Robinson and Donald McGillivray of Kent Law School for commenting on a draft and to the Editor of this journal for helpful suggestions.


  Abstract

The European Community Water Framework Directive (2000/60/EC) adopts an innovative, holistic and target-orientated approach to the management of relevant waters, with the ambitious aim of achieving ‘good status’ for all relevant waters by 2015. At a ‘half-way’ stage towards full implementation, this article takes stock of practical implementation in England and Wales, and reflects more generally upon the challenges of implementation. On proceduralisation, the discussion suggests that substantive elements are seen to be greatly overshadowed by the breadth of national implementation discretion. Avoiding realisation of good status is allowed and broadly worded derogation provisions are interpreted to enable this. Incongruities between the ideals underlying public engagement and the realities of applying complex environmental legislation are evident. Issues for resolution shift from broad concerns about the desired state of the water environment to highly technical questions about operationalising methodologies (that are likely to exclude public engagement).

Key Words: Water Framework Directive • proceduralisation • participation • England and Wales


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