Princip nákladové přiměřenosti v právních předpisech EU v oblasti životního prostředí: ponaučení z implementace ochrany vod a ovzduší

Brabec, Jan

Environmental legislation in the European Union recognizes the principle of proportionality as a tool that helps identify cases that require spending of disproportionate resources to achieve environmental targets. If economic costs of achieving a certain target are significantly higher than associated benefits, an exemption may be granted to prevent wasting resources on measures with only a negligible effect on the environment. The principle is well established in water protection by means of the Water Framework Directive (2000/60/EC) and in air protection through the Industrial Emissions Directive (2010/75/EU). In theory, such setting should ensure more efficient and robust water and air protection. However, with no unified methodology and a high level of discretion given to individual member states, the process of assessing proportionality has become very heterogenous. As a result, methodologies used across Europe often differ from each other significantly, possibly distorting the original idea of equal treatment of European water bodies and sources of air pollution. The goal of this thesis is to determine whether the use of the proportionality principle in water and air protection contributes to more efficient environmental protection in the EU and whether the principle is used consistently in...

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